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California Water Law & Policy Reporter

June 2010

Volume 20, Number 9 June 2010


Monterey County Approves Regional Desalination Plant, Awaits Final Decision By Public Utilities Commission259

Report Concludes that Water Conservation Program Components Have Led to an Increase in Water Main Breaks in Los Angeles260

A Profile of the New Delta Governance: Appointments of the Delta Stewardship Council261


A Move Toward the Statewide Management of Groundwater Resources—LAO’s 2010 Report and SB 6X7264


California Department of Water Resoruces Releases the 2009 California Water Plan Update266

State Water Resources Control Board to Hold Hearing On Truckee River Change Petitions and Water Right Applications267


Delta Interests Sue State Water Resources Control Board over Jurisdiction over Riparian and Pre-1914 Rights270


Circuit Court of Appeals:

Ninth Circuit Denies Motion for Attorney’s Fees in Clean Water Act Suit against an Intervenor NPDES Permittee272

Friends of Pinto Creek v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 05-70785 (9th Cir. 2010).

Second Circuit Finds Mosquito-Control Dredging Activities Lawful under the Clean Water Act273

Peconic Baykeeper, Inc. v. Suffolk County, New York, Case No. 09-0097 (2nd Cir. 2010).

Ninth Circuit Holds Groundwater Allocations May Not Interfere with Tribe’s Surface Water Rights under the Orr Ditch Decree275

U.S. v. Orr Ditch Water Co., ___F.3d___, Case No. 07-17001 (9th Cir. 2010).

District Court:

District Court Finds EPA Ignored Laws Limiting the Amount of Phosphorus Discharged into the Ever-


Miccosukee Tribe of Indians of Florida v. U.S., ___F.3d___, Case No. 04-21448-CIV-GOLD, Consolidated with CV-22072, 05-CV-20663 (S.D. Fla. 2010).


California Court of Appeal:

Sixth District Holds Adjudicated ‘Physical Solutions’ Limit a Local Agency’s Authority to Require Environmental Review of Water Usage280

California American Water v. City of Seaside, 183 Cal.App.4th 471 (6th Dist. 2010).

Third District Upholds Salinity Standards and Dissolved Oxygen Studies in the Sacramento-San Joaquin River Basin282

San Joaquin River Exchange Contractors Water Authority v. State Water Resources Control Board, 183 Cal.App.4th 1110 (3rd Dist.2010)

Oregon Supreme Court:

Oregon Supreme Court Addresses Beneficial and Equitable Property Rights in Klamath Basin Water ‘Owned’ by the U.S284

Klamath Irrigation District v. U.S., 348 Or. 15 (Or. 2010).