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California Water Law & Policy Reporter

April 2022

Volume 32, Number 7 April 2022

CALIFORNIA WATER NEWS

157

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Declares CVP Initial 2022 Allocation of Zero Percent for Irrigation—DWR Reduces SWP Allocations Reduced to Five Percent159

Federal Energy Regulatory Commission Issues Draft Environmental Impact Statement for the Decommissioning of Four Klamath River Dams160

Department of Water Resources and U.S. Bureau of Reclamation Submit Temporary Urgency Change Petition to State Water Resources Control

Board162

Department of Water Resources Begins Preparation of Environmental Impact Report for West False River Drought Salinity Barrier164

LAWSUITS FILED OR PENDING

Sierra Club Files Lawsuit Against City of San Jose Over Large Development Along the Guadalupe River167

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Denies Rehearing Request Opposing Tribal Breach of Trust Claim in Colorado River Water Rights Dispute169

Navajo Nation v. U.S. Department of the Interior, et al., ___F.4th___, Case No. 19-17088 (9th Cir. 2022).

District Court:

District Court Upholds EPA’s ‘Reasonable Availability’ Analysis in the Establishment of Clean Water Act ‘No Discharge Zone’170

American Waterways Operators v. Regan, ___F.Supp.4th___, Case No. 18-CV-2933 (APM) (D. D.C. Feb. 14, 2022).

Court of Federal Claims:

Federal Claims Court Determines Federal Government Is Not Required to Pay Local Fees to Abate Water Pollution173

City of Wilmington v. United States, ___F.Supp.4th___, Case No. 16-1619C (Fed. Cl. 2022).

RECENT CALIFORNIA DECISIONS

Court of Appeal:

Third District Court Finds Watermaster, Not Aggrieved Party, Dismisses Appeal of Trial Court Orders Interpreting Water Rights Decree175

Dow v. Lassen Irrigation Co., ___Cal.App.5th___, Case No. C091965 (3rd Dist. Feb. 23, 2022).

Second District Court Upholds EIR for Kern Water Bank Authority’s Water Bank Recharge Pro-

ject176

Buena Vista Water Storage District v. Kern Water Bank, ___Cal.App.5th___, Case No. B309764 (2nd Dist. Feb. 23, 2022).