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California Water Law & Policy Reporter

March 2011

Volume 21, Number 6 March 2011


Study Finds Marked Decrease In Central Valley Groundwater Levels159

Yolo County Reaffirms Land and Water Deal with Developer160


EPA to Study Potential Drinking Water Impacts of Hydraulic Fractur-


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


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-


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).


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).