FEATURE ARTICLE
State and Regional Water Boards Expand their Land Use Entitlement Authority under the State and Federal Clean Water Acts by Michele A. Staples, Craig K. Beam and Jonathan E. Shardlow, Jackson DeMarco Tidus Peckenpaugh, California67
CALIFORNIA WATER NEWS
Proposed Modesto Irrigation District Water Sale Stirs Controversy73
Referendum to Overturn Water Rate Increase Qualifies, Creates Questions Regarding Funding for Woodland-Davis Water Supply Project74
REGULATORY DEVELOPMENTS
Water Districts File Petition with State Water Board to Provide Substitute Mitigation for Environmental Impacts to the Salton Sea Associated with Water Transfer Project76
State Water Board Adopts Cease and Desist Order to Millview County Water District from Alleged Water Diversions on the Russian River79
State Water Board Issues Notice of Preparation and Public Scoping Meeting Regarding the Russian River Frost Protection Regulation81
LEGISLATIVE DEVELOPMENTS
A Summary of Bills Governor Brown Acts on During the Last Legislative Session84
Governor Brown Signs AB 54, Bringing More Government Oversight of Mutual Water Companies that Deliver Drinking Water to Consumers85
New Legislation Exempts Certain Renewable Energy Projects from Water Supply Assessment Requirements87
LAWSUITS FILED OR PENDING
North Kern County Water Storage District Files Suit against the City of Bakersfield in an Attempt to Keep the Tap Flowing89
Lawsuit Filed in San Joaquin County Superior
Court Revives Dispute over the Delta Wetlands Project90
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Tenth Circuit Denies District Attorney’s Citizen
Suit for Lack of Standing under the Clean Water
Act92
Thiebaut v. Colorado Springs Utilities, ___F.3d___, Case No. 10-1471 (10th Cir. Oct. 12, 2011).
RECENT STATE DECISIONS
District Court of Appeals:
CEQA Compliance Was Required Prior to Evidentiary Hearing and Ruling on Motion to Amend Judgment Imposing Physical Solution on Ground Water Basin . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Hillside Memorial Park and Mortuary v. Golden State Water Co., ___Cal.App.4th___, Case No. B225058 (2nd Dist. 2011).