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California Water Law & Policy Reporter

April 2011

Volume 21, Number 7 April 2011


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


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-



Bills Introduced in the U.S. Senate and California Assembly to Limit Chromium 6 in Drinking Water202


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


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-


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).