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California Water Law & Policy Reporter

December 2025

Volume 36, Number 3 December 2025

FEATURE ARTICLE

Statewide Initiative Seeks to Constrain Judicial Review and Streamline CEQA Permitting for “Essential Projects by Blaine R. Dyas, Esq., Remy Moose Manley, LLP, Sacramento”49

CALIFORNIA WATER NEWS

California Indian Tribe Reclaims Tule River Land53

Suisun City Accepts California Forever’s Application for the Area Expansion Project54

Proposition 218—Water Rate Increases Continue around California in a State of Uncertainty56

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Adopts Updated Long-Term Operations Plan for the Central Valley Project and State Water Project57

California Department of Water Resources Issues New Guidance on Urban Water Management Plan Preparation59

California Sets New Perfluorohexanoic Acid Requirements for Notification and Monitoring of Public Drinking Water Supply60

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Affirms Clean Water Act Citizen Suits Must Be Forward-Looking—Environmental Group’s Claims Mooted Based on Discharger’s Subsequent Receipt of NPDES Permit62

Coastal Environmental Rights Foundation v. Naples Restaurant Group, LLC, Unpub., Case No. 23-55469 (9th Cir. Nov. 5, 2025).

RECENT CALIFORNIA DECISIONS

Court of Appeal:

Fifth District Court Addresses the Tulare Lake Subbasin in Two Separate Decisions64

Kings County Farm Bureau v. State Water Resources Control Board, ___Cal.App.5th___, Case No. F088720 (5th Dist. Oct. 29, 2025); State Water Resources Control Board v. The Superior Court of Kings County, ___Cal.App.5th___, Case No. F088909 (5th Dist. Nov. 24, 2025).

Third District Court Finds the Delta Reform Act Does Not Require DWR to Submit a Certification of Consistency Before Engaging in Preconstruction Geotechnical Work66

Tulare Lake Basin Water Storage Dist. v. Department of Water Resources, ___Cal.App.5th___, Case No. C101878 (3rd Dist. Oct. 17, 2025).

Superior Court:

Superior Court Upholds Discretion for Public Trust: Humboldt County Groundwater Ruling68

Friends of the Eel River v. County of Humboldt, Case No. CV2201593 (Humboldt County Super. Ct. 2025).