CALIFORNIA WATER NEWS
Water Recycling and Desalination Projects Receive Nearly $29 Million Investment from U.S. Bureau of Reclamation31
LEGISLATIVE DEVELOPMENTS
New Law Gives the State Water Resources Control Board Authority to Investigate Pre-1914 Water Rights33
REGULATORY DEVELOPMENTS
EPA Issues New Clean Water Act Section 401 Water Quality Certification Rules to Expand Authority of States and Tribes and Clarify Certification Procedures35
Progress Continues for U.S. Army Corps of Engineers’ Folsom Dam Raise Project36
Department of Water Resources Releases Draft California Water Plan Update 202337
State Water Resources Control Board Releases Draft Staff Report in Support of Sacramento/Delta Updates to the Bay-Delta Plan39
State Water Resources Control Board Holds an Eventful Public Hearing on its Urban Water Conservation Regulation41
LAWSUITS FILED OR PENDING
U.S. District Court Dismisses Constitutional Challenges to Curtailments on Deer Creek and Mill Creek, But Allows Related Challenges Against California Department of Fish and Wildlife to Proceed43
RECENT FEDERAL DECISIONS
U.S. Supreme Court:
U.S. Supreme Court Upholds Ninth Circuit Ruling in San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District Regarding Water Releases from Dams to Comply with the ESA45
Circuit Court of Appeals:
Fifth Circuit Upholds U.S. Army Corps of Engineers’ Clean Water Act 404 Permit for Liquid Natural Gas Project46
Healthy Gulf v. United States Army Corps of Engineers, 81 F.4th 510 (5th Cir. 2023).