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California Water Law & Policy Reporter

November 2023

Volume 34, Number 2 November 2023

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).