Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Water Law & Policy Reporter

February 2024

Volume 34, Number 5 February 2024

CALIFORNIA WATER NEWS

Environmental Groups Issue Clean Water Act 60-day Notice to Veolia

Water North America-West and the International Boundary and Water Commission97

New MOU entered for Columbia River Basin Salmon Recovery Efforts—Proposes to Stay Long Term Litigation Until 202899

REGULATORY DEVELOPMENTS

State Water Resources Control Board Initiates Probationary Hearings under SGMA for Inadequate Groundwater Sustainability Plans101

State Water Resources Control Board Re-Adopts Emergency Regulations for the Shasta and Scott Rivers of the Klamath River Watershed102

Direct Potable Water Reuse Regulations Adopted for Treating Wastewater into High Quality Drinking Water in California104

LAWSUITS FILED OR PENDING

SF Baykeeper Files Suit Against the Fish and Wildlife Service Seeking ESA Listing of the Longfin Smelt106

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Tenth Circuit Reverses $500,000 Clean Water Act Penalty After Incomplete Application of Maui Factors by the District Court108

Pamela Stone et al. v. High Mountain Mining Co. LLC et al., ___F.4th___, Case No. 22-1340 (10th Cir., Jan. 3, 2024).

District Court:

District Court Rules U.S. Could Allocate Zero Acre-Feet to Drainage District and District Breached Its Federal Contract by Diverting Water under State Permit110

United States of America v. Klamath Drainage District, ___F.Supp.4th___, Case No. 1:22-cv-00962-CL (D. Or. Sept. 11, 2023).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

First District Court Upholds Injunction and Penalty Order for Unpermitted Conversion of Marsh Area for Kiteboarding Facility112

People ex rel. San Francisco Bay Conservation and Development Commission v. Sweeney, Unpub., Case No. A166565 (1st Dist. Dec. 8, 2023).

Superior Court:

Kern County Superior Court Modifies a Previous Injunction Governing Kern River Water to Limit Bakersfield’s Diversions114

Bring Back the Kern v. City of Bakersfield, Ruling on Motion for Preliminary Injunction, Dec. 27, 2023, Case No. BCV-22-103220 (Kern Super. Ct.).