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California Water Law & Policy Reporter

July 2011

Volume 21, Number 10 July 2011

FEATURE ARTICLE

Shifting Climate and the Uncertainty of California’s System Yield: Adieu Water Rights? by Robert Shibatani, The Shibatani Group, Inc., Sacramento, California287

CALIFORNIA WATER NEWS

South San Joaquin Irrigation District Receives Federal Grant for Irrigation Enhancement Program293

Dispute Over Water Rates in Southern California Threatens Funding for Conservation and Supply Projects in San Diego County294

REGULATORY DEVELOPMENTS

Delta Stewardship Council Issues Fourth Draft of Delta Plan and Accepts Ag-Urban Coalition Alternative Delta Plan296

State Water Resources Control Board Plans New Wetlands Regulatory Program298

LAWSUITS FILED OR PENDING

Full-Season Commercial Salmon Fishing Season Is in Jeopardy by Federal Lawsuit300

San Luis 302

Judge Wanger Revises Federal Agencies’ Deadlines for Completing New Delta Smelt BiOp and Schedules Hearing Regarding ‘Fall X2’ Meas

-ures304

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Finds Stormwater Runoff from Logging Roads Is a Point Source Discharge

Requiring a Clean Water Act NPDES Permit306

Northwest Environmental Defense Center v. Brown, ___F.3d___, Case No. 07-35266 (9th Cir. May 17, 2011).

District Court:

District Court Holds City May Be Liable under RCRA after Private Parties Dump Hazardous Waste into Leaky Sewer308

KFD Enterprises, Inc., v. City of Eureka, ___F.Supp. 2d___, Case No. C 08-4571 MMC 2011 (N.D. Cal. 2011).

District Court Finds CERCLA Consent Decree that Is ‘Fair, Reasonable and in the Public Interest’ Cannot Be Modified309

U.S. v. Lyon, ___F.Supp.2d___, Case No. CV F 07-0491 (E.D. Cal. May 11, 2011).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

First District Reverses Attorney’s Fee Award under California’s Private Attorney General Statute in State ESA Challenge312

Center for Biological Diversity v. California Fish and Game Commission, 195 Cal.App.4th 128 (1st Dist. 2011).