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California Water Law & Policy Reporter

December 2010

Volume 21, Number 3 December 2010

CALIFORNIA WATER NEWS

Central Valley Water Recycling Project Prepares for Next Stage of Development67

Marin County Voters Approve Study of Desalination Options—But Additional Voter Approval Is Required to Proceed with Construction68

LEGISLATIVE DEVELOPMENTS

California Environmental Quality Act Amendments Signed into Law, Effective Immediately70

REGULATORY DEVELOPMENTS

EPA Environmental Appeals Board Applies Rapanos’ Significant Nexus Standards—Finds Wetlands Subject to Clean Water Act Jurisdiction72

In Re: Smith Farm Enterprises, LLC, Case No. CWA-03-2001-0022 (EPA Env.App.Bd. 2010).

State Water Resources Control Board Issues Draft Technical Report on San Joaquin River Flow and Southern Delta Salinity Objectives74

Central Valley Regional Water Board Issues Tentative Waste Discharge Requirements for Sacramento Regional County Sanitation District76

Development of Salt and Nutrient Management Plan—Los Angeles Regional Water Quality Control Board Holds Kickoff Meeting in November78

San Francisco Renews Agreement with the National Park Service for Protection of Hetch Hetchy Reservoir Water Quality80

LAWSUITS FILED OR PENDING

Two New Lawsuits Challenge Pajaro Valley Water Management Agency

Fee82

Pacific Coast Fishermen Challenge Rules Allocating Groundfishing Rights to Trawlers84

Monterey Coastkeeper Files Lawsuit Alleging Violations of Water Quality Regulations and the Public Trust Doctrine86

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit finds No Error in EPA’s Decision to Transfer Clean Water Act NPDES State Administration to Alaska88

Akiak Native Community, et al., v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 08-74872 (9th Cir. Nov. 4, 2010).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Sixth District Finds City Not Liable for Damage Caused by Stream Flooding91

Berkman v. City of Morgan Hill, Case No. CV031021, unpublished (6th Dist. 2010).