Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Water Law & Policy Reporter

April 2021

Volume 31, Number 7 April 2021

FEATURE ARTICLE

The Pitfalls of Water Rights Reporting to the State Water Resources Control Board by Jeanne Zolezzi, Esq., Herum|Crabtree|Suntag, Stockton,

California173

CALIFORNIA WATER NEWS

New Research Study Attempts to Quantify the Cost of Climate Change and Flood Risk in the United States—for the Individual Homeowner179

LEGISLATIVE DEVELOPMENTS

California Legislation Introduced to Improve Drought Resiliency in Small and Rural Communities181

Bill Introduced in the California Senate that Seeks to Fund Water Infrastructure Repairs182

REGULATORY DEVELOPMENTS

State Water Resources Control Board Sets Initial Hearing Regarding Competing Kings River Water Rights Claims184

State Water Resources Control Board Releases a Report: ‘Recommendations for Effective Water Rights Response to Climate Change’186

State Water Resources Control Board Seeks Stakeholder Recommendations for Proposed Changes to Drought Actions187

LAWSUITS FILED OR PENDING

U.S. District Court Pushes Federal Government for Schedule on Completing Endangered Species Act Review on the Yuba River190

U.S. EPA Dismisses Its Appeal of U.S. District Court’s More Narrow Jurisdictional Delineation of Salt Ponds Adjacent to San Francisco Bay191

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Finds FOIA’s Deliberative Process Exemption Protected Draft Biological Opinions from Public Disclosure194

United States Fish & Wildlife Service v. Sierra Club, 592 U.S.___, 141 S.Ct. 777 (Mar. 4, 2021).

Circuit Court of Appeals:

Ninth Circuit Reverses Partial Stay of CEQA Claims in Action Concerning the State Water Board’s Amendments to the Water Quality Control Plan195

United States v. California State Water Resources Control Board, 988 F.3d 1194 (9th Cir. 2021).

Ninth Circuit Remands Public Trust Case to Determine Alternative Remedies in Walker River Decree Litigation197

United States v. Walker River Irrigation District, 986 F.3d 1197 (9th Cir. Jan. 28, 2021).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

First District Court Upholds Regional Water Board Orders Regarding Violations at Wetland Marsh Island in the Suisun Marsh200

Sweeney v. Regional Water Quality Control Board, San Francisco Bay Region, 61 Cal.App.5th 1 (1st Dist. 2021).