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California Water Law & Policy Reporter

August/September 2010

Volume 20, Number 11 August/September 2010

FEATURE ARTICLE

The U.S. Supreme Court Addresses Judicial Taking of Property Rights by Roderick E. Walston, Best Best 323

REGULATORY DEVELOPMENTS

Update on the State Water Resources Control Board Hearings that Could Affect Riparian and Pre-1914 Rights in the Delta328

LAWSUITS FILED OR PENDING

Delta Agencies and Environmental Organizations Sue State again on Monterey Amendments to State Water Project Contracts and Kern Water Bank Transfer330

Kern River Water Districts Sue State Water Resources Control Board332

Lawsuit Argues Public Trust Doctrine Compels State and Local Agencies Protect Depletion of Scott River from the Effects of Groundwater Extrac-

tion334

San Diego County Water Authority Files Lawsuit against Metropolitan Water District Alleging Illegal Water Rates336

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Holds Beachfront Property Owners Are Not Entitled to Restored Beaches, Leaving Question of ‘Judicial Takings’ Un-

resolved338

Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, ___U.S.___, Case No. 08–1151 (June 17, 2010).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Fourth District Holds Statutory Criteria for Water Supply Assessments Are Not Ambiguous—Proposed Open-Air Composting Facility Is a ‘Project’340

Center for Biological Diversity et al. v County of San Bernardino, 185 Cal.App.4th 866 (4th Dist. 2010).

First District Extends California ESA to State Agencies—Finds Agencies Cannot Take Endangered Species without Permit343

Kern County Water Agency v. Watershed Enforcers, ___Cal.App.4th___, Case No. A117715 (1st Dist. June 17, 2010).

Sixth District Finds Property Owner Strictly Liable for Chemical Spill and Negligent for Failing to Immediately Report Discharge345

TWC Storage, LLC v. California State Water Resources Control Board, 185 Cal.App.4th 291 (6th Dist. 2010), modified June 29, 2010

First District Holds Department of Water Resources Is a ‘Person’ under the California Endangered Species Act347

Watershed Enforcers v. California Department of Water Resources, 185 Cal.App.4th 969 (1st Dist. 2010).

OTHER STATE DECISIONS

Nevada Supreme Court:

Nevada Supreme Court Re-Issues Its Opinion on Las Vegas Pipeline Proposal and Directs State Engineer to Re-Open Protest Period for 34 Groundwater Applications349

Great Basin Water Network v. Taylor, Case No. 49718 (Nev. June 17, 2010).