CALIFORNIA WATER NEWS
South Fork Disconnected from Eel River—State’s Reservoirs Are All Down—Due to Record Setting Drought309
Santa Clara Valley Water Users Falling Short of Water Conservation
Goals310
LEGISLATIVE DEVELOPMENTS
Bipartisan U.S. Senate Infrastructure Bill Includes $2.3 Billion to Improve or Remove Dams312
Climate Change Bill Passes California Legislature—The Sea Level Rise Mitigation and Adaptation Act of 2021313
REGULATORY DEVELOPMENTS
California Fish and Game Commission Formalizes Schedule to Evaluate State ESA Petition to List the Southern California Steelhead as Endan-
gered316
LAWSUITS FILED OR PENDING
San Joaquin Tributaries Authority Files Lawsuit Challenging State Water Board Diversion Curtailment Order for Sacramento-San Joaquin
Delta318
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Continues to Uphold the Significant Nexus Test for Navigable Waters Under the Federal Clean Water Act320
Sackett v. U.S. Environmental Protection Agency, et al., ___F.4th___, Case No. 19-35469 (9th Cir. Aug. 16, 2021).
Ninth Circuit Upholds Army Corps Plan to Dredge Navigational Channels In San Francisco Bay under the Coastal Zone Management Act322
San Francisco Bay Conservation & Development Commission v. U.S. Army Corps of Engineers, 8 F.4th 839 (9th Cir. 2021).
District Court:
District Court Vacates and Remands the Navigable Waters Protection Rule: Pre-2015 WOTUS Rules Spring Back into Effect324
Pascua Yaqui Tribe v. U.S. Environmental Protection Agency, ___F.Supp.4th___, Case No. CV-20-00266-TUC-RM (D. Ariz. Aug. 30, 2021).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Fifth District Court Finds Sufficiency of Water Supply Necessary for Eminent Domain Action Subject to CEQA327
Los Angeles Department of Water and Power v. County of Inyo, ___Cal.App.5th___, Case No. F081389 (5th Dist. Aug. 17, 2021).
Second District Court Upholds EIR Analyzing Improvement Project by the Watershed Conservation Authority in the Angeles National Forest329
Save Our Access-San Gabriel Mountains v. Watershed Conservation Authority, 68 Cal.App.5th 8 (2nd Dist. 2021).
