FEATURE ARTICLE
Cadillac Delta—A Northern California Perspective by Kevin M. O’Brien, Esq., Downey Brand, LLP, Sacramento, California195
REGULATORY DEVELOPMENTS
U.S. Department of Agriculture Report Highlights How Climate Change Impacts Present New Challenges to Agriculture199
State Water Resources Control Board Releases Recommendations for Addressing Nitrates in Groundwater201
San Francisco Bay Regional Water Quality Control Board Publishes Revised, Stringent Screening Levels for Evaluating Contaminated Sites203
LEGISLATIVE DEVELOPMENTS
AB 145 Proposes State Water Resources Control Board Oversight of California State Drinking Water Act—ACWA Responds205
LAWSUITS FILED OR PENDING
Environmental Groups File Lawsuit Challenging Tahoe Regional Plan
Update207
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Federal Circuit Upholds Dismissal of Water District’s Takings Claim Seeking Compensation for Water Diverted for the Protection of Steelhead209
Casitas Municipal Water District v. U.S., ___F.3d___, Case No. 2012–5033 (Fed. Cir. Feb. 27, 2013).
Ninth Circuit Finds Bureau of Reclamation Actions to Reduce Irrigation Water Supplies from the CVP Not Subject to Judicial Review211
San Luis Unit Food Producers et al. v. U.S., ___F.3d___, Case No. 11-16122 (9th Cir. Mar.1, 2013).
Court of Federal Claims:
Court of Federal Claims Awards Damages to
Water Districts for Breach of Water Supply
Contracts213
Stockton East Water District v. U.S.; Central San Joaquin Water Conservation District v. U.S., ___F.Supp.2d___, Case No. 04-541L (Fed. Cl. Ct. Feb 28, 2013).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Third District Holds State Water Project Contract Does Not Require Power Credit Valued at Market Rate216
Alameda County Flood Control and Water Conservation District v. California Department of Water Resources, ___Cal.App.4th___, Case No. C065522 (3rd Dist. Feb. 15, 2013).
Sixth District Holds EIR for U.C. Campus Expansion Project Failed to Consider Feasible Alternatives to Reduce the Project’s Impact on Water Supply218
Habitat and Watershed Caretakers v. City of Santa Cruz, ___Cal.App.4th___, Case No. H037545 (6th Dist. Feb. 19, 2013).
Second District, in Unpublished Decision, Finds Water Agreement Recorded as Condition of Bank Loan Creates Appurtenant Easement220
Sylvester Winery v. Feichtinger, Case No. B235939, unpub., (2nd Dist. Feb. 19, 2013).
