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California Water Law & Policy Reporter

May 2011

Volume 21, Number 8 May 2011

FEATURE ARTICLE

The Scott River Case: Long-Percolating Public Trust Issues Bubble to the Surface by Jessica L. Hirsch, Best Best 223

CALIFORNIA WATER NEWS

2011 California Water Law & Policy MCLE Conference Opens for Registra-

tion228

Salinas River Breaks through Levee In Monterey County230

‘More Water for Our Valley Act’ Proposes Increased Congressional Direction Regarding Pumping in the Delta231

REGULATORY DEVELOPMENTS

Draft EPA/Corps Guidance Seeks to Expand Federal Jurisdiction over Wetlands, as Congress and the Courts Question Agency Authority233

Delta Independent Science Board Releases Review of First Draft Delta

Plan234

Central Valley Regional Water Board Extends Irrigated Lands Regulatory Program to Include Discharges to Groundwater and Extensive Reporting Requirements236

What to Do When the Well Runs Dry? PUC Directs Water Company to Recognize Moratorium on New and Expanded Water Service Connections within Monterey Peninsula238

LAWSUITS FILED OR PENDING

Bureau Announces More Water Mooting Motions in Consolidated Salmon Cases for Injunctive Relief to Prevent Implementation of BiOp ‘Reasonable and Prudent Alternatives’241

Kern County Superior Court Considers Arguments in Challenge to SWRCB Order Revoking ‘Fully Appropriated Stream’ Designation for Kern River243

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Concludes Tribe is Barred by Statute of Limitations to Bring Suit against City of Los Angeles for Water and Land Rights to Owens

Valley245

Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony v. City of Los Angeles, ___F.3d___, Case No. 07-16727 (9th Cir. Mar. 14, 2011).

Ninth Circuit Upholds Judge Wanger’s 2009 Ruling—the Federal Government’s Protection of Delta Smelt Is Constitutional under the Commerce Clause248

San Luis & Delta-Mendota Water Authority v. Salazar, ___F.3d___, Case No. No. 10-15192 (9th Cir. Mar. 25, 2011).

RECENT STATE DECISIONS

Superior Court Rules Drilling Studies on Delta Lands Constitute a ‘Taking’250

Department of Water Resources Cases, Case No. JCCP4594, Apr. 8, 2011 (San Joaquin County Super. Ct.).