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California Water Law & Policy Reporter

February 2010

Volume 20, Number 5 February 2010

FEATURE ARTICLE

Colorado River ‘Quantification Settlement Agreement’ Invalidated as Unconstitutional by Antonio Rossmann and Laurie Mikkelsen, Rossmann and Moore, San Francisco, California131

CALIFORNIA WATER NEWS

25th California Water Law 137

San Francisco Bay Mussels to be Utilized in NOAA Study for ‘Emerging Contaminants’139

REGULATORY DEVELOPMENTS

Obama Administration Releases Interim Federal Action Plan to Address Delta Crisis140

U.S. Bureau of Reclamation Issues Record of Decision on the Delta-Mendota Canal/California Aqueduct Intertie141

New U.S. Forest Service Planning Rule Broadens Analysis of Water Quality and Watershed Health144

Center for Biological Diversity Petitions EPA to Regulate Chemicals that Pose Widespread Risks to Human and Animal Reproduction145

Landowners along the Sacramento River Seek Safe Harbor Protections under the Federal Endangered Species Act147

State Water Resources Control Board Holds Pre-Proceeding Conference on Delta Flow Criteria148

State Water Resources Control Board Issues Order Modifying Cease and Desist Order against DWR and the U.S. Bureau of Reclamation151

LAWSUITS FILED OR PENDING

California Department of Water Resources Intervenes in Consolidated Delta Smelt Litigation154

San Luis & Delta-Mendota Water Authority et al v. Salazar et al, 1:09-cv-00407-OWW-DLB (E.D. Cal.).

RECENT STATE DECISIONS

District Court of Appeal:

Second District Court Upholds Environmental Impact Report, Paving the Way for a Water Transfer156

Planning and Conservation League v. Castaic Lake Water Agency, ___Cal.App.4th___, Case No. B200673 (2nd Dist. Dec. 17, 2009).

First District Clarifies Calculation of Special Benefits and Proportionality for Assessments Subject to Proposition 218158

Town of Tiburon v. Bonander, ___Cal.App.4th__ , Case No. A119918 (1st Dist. Dec. 31, 2009).