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California Water Law & Policy Reporter

April 2012

Volume 22, Number 7 April 2012

FEATURE ARTICLE

Riding the Wave of Recycled Water: Developments in Recycled Water Projects and Addressing Related Water Supply Issues by Maya R. Ferry Stafford, Esq., Downey Brand, Sacramento, California195

CALIFORNIA WATER NEWS

Sonoma County Water Agency Votes to Help Fund Independent Scientific Panel to Study Russian River Watershed200

State Water Resources Control Board Notices Workshop on Technical Appendices to San Joaquin River Flow Objectives201

REGULATORY DEVELOPMENTS

U.S. Army Corps of Engineers Issues New Nationwide Permit Regula-

tions204

California Natural Resources Agency Releases Draft BDCP Planning Documents205

California Coastal Commission Staff Asserts Possible Oversight Authority in Proposed City Water Diversion From Inland River206

LEGISLATIVE DEVELOPMENTS

U.S. House of Representatives Passes the Sacramento-San Joaquin Valley Water Reliability Act208

LAWSUITS FILED OR PENDING

Los Angeles DWP Asserts Historic Water Rights in Challenge to Mammoth Community Water District’s Urban Water Management Plan210

RECENT FEDERAL DECISIONS

Supreme Court:

U.S. Supreme Court Decides a Clean Water Act Compliance Order Can Be Challenged In Court Prior to an EPA Enforcement Action212

Sackett v. U.S. Environmental Protection Agency, 566 U.S. __, Case No. 10-1062 (Mar. 21, 2012).

Circuit Court of Appeals:

Ninth Circuit Affirms Bureau of Reclamation’s Discretion in Accounting for Water Released for Fish, Wildlife and Restoration Activities214

San Luis & Delta-Mendota Water Authority v. U.S., ___F.3d___, Case No. 09-17594 (9th Cir. Mar. 2, 2012).

District Court:

District Court Holds Excess Insurer Has a Duty to Defend in a Superfund Cleanup Dispute before Exhaustion of Underlying Coverage216

Century Indemnity Company v. The Marine Group, LLC, ___F.Supp.2d___, Case No. 08-1375-AC (D. Or. Jan. 27, 2012).

RECENT STATE DECISIONS

Fifth District Holds Residential Development’s Impact on Groundwater Requires Environmental

Review218

Consolidated Irrigation District v. City of Selma¸ unpub. op., Case No. F061103 (5th Dist. Feb. 8, 2012).

Sixth District Holds Stipulated Agreement Bars Claims Alleging Groundwater Augmentation Charges Invalid219

Eiskamp v. Pajaro Valley Water Management Agency, 203 Cal.App.4th 97 (6th Dist. 2012).

California Superior Court Finds Environmental Impact Report for Regional Desalination Project Fails to Consider Water Rights221

Ag Land Trust v. Marina Coast Water District, Case No. M105019 (Monterey Super. Ct. Feb. 2, 2012).