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California Water Law & Policy Reporter

July 2023

Volume 33, Number 10 July 2023

CALIFORNIA WATER NEWS

Lower Colorado River Basin Representatives Come to Agreement on Consensus-Based System Conservation Proposal for Near-Term River Opera-

tions241

Governor Newsom Signs Executive Order that May Benefit Water Storage and Infrastructure Projects242

LEGISLATIVE DEVELOPMENTS

Federal Open Access Evapotranspiration Data Act in Congress Proposes Significant Updates to Water Measurement and Management244

Proposed U.S. Senate Bills Would Expand Funding and Eligibility for Environmental Protection Programs245

California Drought and Flood Streamlining Trailer Bill: Floodwater Diversion Exception and Drought Control Measures247

REGULATORY DEVELOPMENTS

State Water Resources Control Board Recharge Permits Deemed Success-

ful249

State Water Resources Control Board to Take Critical Steps Toward Placing Groundwater Basins on Probation and On Path to Intervention250

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Denies Navajo Nation a Court-Mandated Solution to Water Access252

Arizona et al. v. Navajo Nation, et al, ___U.S.___, Case No. 21-1484 (June 22, 2023).

Circuit Court of Appeals:

Fifth Circuit Determines City Stormwater Management Fees Are Not ‘Reasonable Service Charges’ on Federal Facilities255

City of Wilmington v. United States, 68 F.4th 1365 (5th Cir. 2023).

D.C. Circuit Requires EPA to Regulate Perchlorate Levels under the Safe Drinking Water Act257

NRDC v. Regan, ___F.4th___, Case No. 20-1335 (D.C. Cir. May 9, 2023).

District Court:

District Court Affirms Parties Cannot Contractually Avoid CERCLA Liability to the U.S. Govern-

ment259

United States v. The Boeing Company, ___F.Supp.4th___, Case Number 2:22-cv-00485 (W.D. Wash. Apr. 25, 2023).

RECENT CALIFORNIA DECISIONS

Second District Court Upholds Water Code Exemption—Rejects Attempt to Expand CEQA Review to Regional Water Board Approval of Waste Discharge Permits261

Los Angeles Waterkeeper v. State Water Resources Control Board, ___Cal.App.5th___, Case No. B309151 (4th Dist. June 2, 2023).