FEATURE ARTICLE
Learning From Failure: California’s 30 Years’ War in the Delta (Part II-Conclusion) by Joseph L. Sax, U.C. Berkeley School of Law, Berkeley,
California3
REGULATORY DEVELOPMENTS
Food and Drug Administration Proposes New Water Quality Standards for Agricultural Water7
U.S. Army Corps of Engineers Reinstates Eligibility for Federal Funds for California’s Central Valley Levees9
California Office of Administrative Law Approves Regulations for Consistency with Regulatory Policies in the Delta Plan10
LAWSUITS FILED OR PENDING
Indian Tribe Files Suit in U.S. District Court in California Asserting Paramount Aboriginal Rights to Water in the Coachella Valley13
California Department of Water Resources Adopts Negative Declaration Supporting Area of Origin Pending Litigation Settlement with Contractors14
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Finds NPDES Permit Compliance Monitoring Establishes Appellees’ Clean Water Act Liability17
Natural Resources Defense Council, Inc. v. County of Los Angeles, ___F.3d___, Case No. 10-56017 (9th Cir. Aug. 8, 2013).
District Court:
U.S. District Court Allows Partial Flow Augmentation Releases from Trinity Reservoir19
San Luis & Delta-Mendota Water Authority, et al. v. Jewell, et al., ___F.Supp.2d___, Case No. 1:13-CV-01232-LJO-GSA (E.D. Cal. Aug. 22, 2013).
RECENT STATE DECISIONS
District Court of Appeal:
Fourth District Finds Initiative to Roll Back Water Rates Protected Speech but Invalid under the California Water Code22
Mission Springs Water District v. Verjil, ___Cal.App.4th___, Case No. E055176 (4th Dist. Aug. 7, 2013).
Third District Holds the State Board Has Jurisdiction to Issue Cease and Desist Order for Illegal Diversions When Diverter Claims Riparian or Pre-1914 Appropriative Rights24
Young v. State Water Resources Control Board, ___Cal.App.4th___, Case No. C068559 (3rd Dist. Sept. 4, 2013).
Superior Court:
On Remand Superior Court Invalidates Fees Imposed by State Water Resources Control Board26
California Farm Bureau Federation, et al. v. State Water Resources Control Board, Case No. 03CS0177, Consolidated with 04CS00473 (Sacramento Super. Ct. Sept. 6, 2013).
Superior Court Rejects Claim of Department of Water Resources Responsibility for Channel Sedimentation Due to State Water Project Operations28
Cortopassi v. State of California, Case No. CV 034843 (San Joaquin Super. Ct. 2013).
