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California Water Law & Policy Reporter

October 2010

Volume 21, Number 1 October 2010

FEATURE ARTICLE

City-Owned Utilities in Troubled Waters: Is Privatization the Answer? by Richard L. Wood, Jr., Esq., Fairfield, California3

CALIFORNIA WATER NEWS

Transgenic Fish Aquaculture May Be Coming to California as the FDA Explores Genetically Modified Salmon8

LEGISLATIVE DEVELOPMENTS

Vote on California’s Safe, Clean and Reliable Drinking Water Supply Act of 2010 Postponed until November 6, 201210

REGULATORY DEVELOPMENTS

State Water Resources Control Board Issues Delta Flow Criteria

Report13

Department of Water Resources Petitions SWRCB to Extend State Water Project Permits15

Delta Stewardship Council Adopts Interim Plan—Final Appointments to Council Are Confirmed17

Northern California Water Agencies and Counties Form Joint Powers Authority to Pursue Development of Sites Reservoir19

Los Angeles Regional Board Adopts TMDL for Bacteria Discharges to the Los Angeles River and Its Tributaries20

LAWSUITS FILED OR PENDING

Community Services District Sues Federal Government for Failure to Repair and Maintain Water Conduits and Deliver Water22

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Rejects Irrigation District Challenges to NMFS Listing of Central Valley Steelhead under Endangered Species Act24

Modesto Irrigation District et al. v. Gutierrez et al., ___F.3d___, Case No. 09-15214 (9th Cir. Aug. 20, 2010).

Ninth Circuit Refrains from Expanding Fish and Wildlife Service Authority under the ESA to Cover Privately Owned Wetlands26

Northern California River Watch, et al. v. Wilcox, et al., ___F.3d___, Case No. 08-15780 (9th Cir. 2010).

Ninth Circuit Finds Stormwater Runoff from Logging Roads that Is Collected and Discharged Is a Point Source under the Clean Water Act27

Northwest Environmental Defense Center v. Brown, et al., ___F.3d___, Case No. 07-35266 (9th Cir. Aug. 17, 2010).