CALIFORNIA WATER NEWS
Study Finds Marked Decrease In Central Valley Groundwater Levels159
Yolo County Reaffirms Land and Water Deal with Developer160
REGULATORY DEVELOPMENTS
EPA to Study Potential Drinking Water Impacts of Hydraulic Fractur-
ing162
Delta Stewardship Council Releases Preliminary Draft of Delta Plan163
Delta Watermaster Recommends Utilizing Reasonable Use Doctrine to Promote Agricultural Water Use Efficiency165
Sacramento Area Wastewater Concerns Voiced in Appeal to State Water Board of Discharge Requirements and Allegations of CWA Violations166
State Water Resources Control Board Issues Cease and Desist Order against Woods Irrigation Company for Diversions on Roberts Island168
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Amends Earlier Decision Holding that the Endangered Species Act Does Not Prohibit ‘Taking’ of Species in a Privately Owned Wet-
land171
Northern California River Watch v. Wilcox, 620 F.3d 1075 (9th Cir. 2010), amended Jan. 26, 2011.
Fourth Circuit Holds Corps’ Rapanos Jurisdiction Fails in Absence of ‘Significant Nexus’ between Project Wetlands and Tributary173
Precon Development Corporation, Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 09-2239 (4th Cir. Jan. 25, 2011).
District Court:
District Court Stays Discovery in CWA Citizen Suit until Decision on Motion to Dismiss175
California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc., ___F.Supp.2d___, Case No. S-10-1207 GEB GGH (E.D. Cal. Jan. 14, 2011).
District Court Finds Pollutant Overflows into Sewer Systems that Discharge to Waters of the United States May Violate the CWA178
San Francisco Baykeeper v. West Bay Sanitary District, ___F.Supp.2d___, Case No. C-09 5676 EMC (N.D. Cal. Jan. 12, 2011).
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Upholds SWRCB’s Water Rights Fee Program, but Directs Trial Court to Determine if Fees Are Too High180
California Farm Bureau Federation et al. v. State Water Resources Control Board, ___Cal.4th___, Case No. S150518 (Cal. Jan. 31, 2011).
District Court of Appeal:
First District Affirms Grantor’s Right to Well Water but Limits Supply to Historic Use183
DGS Land Company v. Mt. Valley Company, LLC, unpub. (1st Dist. Jan. 19, 2011).
First District Holds Completed Redevelopment Project May Moot a Validation Challenge Justifying Case Dismissal184
Wilson & Wilson v. City Council of Redwood City, ___Cal.App.4th___, Case No. A123480, (1st Dist. Jan. 25, 2011).
