FEATURE ARTICLE
The California Supreme Court Finds the State Water Resources Control Board’s Water Rights Fee Program Is Facially Constitutional, but Remands as to Whether the Program Is an Invalid ‘Tax’ as Applied by Kristen Castaños and Stacy Gillespie, Stoel Rives, LLP, Sacramento, California191
CALIFORNIA WATER NEWS
Public Policy Institute of California Proposes Broad Reforms to Manage California Water197
Sacramento River Settlement Contractors Withdraw from the U.S. Bureau of Reclamation’s North to South Water Transfer Program199
Lake County Passes New Ordinance Designed to Fend Off Invasive Mus-
sels200
LEGISLATIVE DEVELOPMENTS
Bills Introduced in the U.S. Senate and California Assembly to Limit Chromium 6 in Drinking Water202
LAWSUITS FILED OR PENDING
State of Alaska Sues U.S. Fish and Wildlife Service to Overturn Endangered Species Act Designation of Critical Habitat for Polar Bear204
Court-Approved Agreement Protects Delta Smelt while Permitting More Flexible Delta Export Operations through Summer205
State Water Resources Control Board and National Resources Defense Counsel File Post-Trial Amicus Curiae Briefs in Casitas Litigation206
San Joaquin County Files Suit against the State Water Resources Control Board for Denying American River Water Right Application210
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Holds Timber Company Has Standing to Challenge EPA Decision Keeping Watershed on Clean Water Act 303(D) List212
Barnum Timber Co. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-17715 (9th Cir. Feb. 3, 2011).
Federal Circuit Rules in Klamath Case Involving Water Deliveries by U.S. Bureau of Reclama-
tion214
Klamath Irrigation District et al. v. U.S., ___F.3d___, Case No. 2007-5115 (Fed. Cir. Feb. 17, 2011).
District Court:
District Court Rejects PG215
Ecological Rights Foundation v. Pacific Gas and Electric Company, ___F.Supp.2d___, Case No. C 10-0121 RS, slip op. (N.D. Cal., Feb. 4, 2011).
District Court Finds Clean Water Act Citizen Suit Notice Adequate Despite Specific Violation Dates Not Alleged217
Northern California River Watch v. Oakland Maritime Support Services, ___F.Supp.2d___, Case No. C 10-03912 CW (N.D. Cal. Feb. 14, 2011).
