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California Water Law & Policy Reporter

October 2011

Volume 22, Number 1 October 2011

FEATURE ARTICLE

Federal Court Rules State ‘Area of Origin’ Laws Do Not Require Bureau of Reclamation to Preferentially Deliver Water to the Sacramento Valley

by Hanspeter Walter, Esq., Kronick, Moskovitz, Tiedemann 3

CALIFORNIA WATER NEWS

Sites Reservoir Allocated $1.75 Million in Proposition 204 Funds to Fund Environmental Studies8

LEGISLATIVE DEVELOPMENTS

Bill Increasing Access to Well Reports Clears California Legislature, Awaits Decision by Governor Brown10

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Issues Record of Decision for Groundwater Banking by Madera Irrigation District12

Draft EIS/EIR for Salton Sea Species Conservation Habitat Project Issued by U. S. Army Corps and the California Natural Resources Agency14

LAWSUITS FILED OR PENDING

Judge Wanger Finds the U.S. Fish and Wildlife Service Acted in Bad Faith on Delta Smelt Motion17

Judge Wanger Enjoins Federal Wildlife Agency from Imposing Salinity Restrictions on the Central Valley and State Water Projects This Fall19

U.S. District Court Imposes Actions to Restore Spring Run Chinook Salmon on the Lower Yuba River20

Southern California Water Agencies Sue U.S. Fish and Wildlife Service over Expansion of Santa Ana Sucker Habitat22

California Coastal Protection Network Files Suit against San Francisco, Challenging Unpermitted Beach Revetments24

RECENT FEDERAL DECISIONS

District Court:

District Court Addresses California’s Area of Origin Water Rules and the Central Valley Project26

Tehama-Colusa Canal Authority v. U.S. Department of the Interior, ___F.Supp.2d___, Case No. 1:10-cv-0712 OWW DLB (E.D. Cal. Sept 6, 2011).

RECENT STATE DECISIONS

District Court of Appeals:

Second District Holds Tiered Water Service Fees Violate Proposition 21828

City of Palmdale v. Palmdale Water District, ___Cal.App.4th___, Case No. B224869 (2nd Dist. Aug. 25, 2011).

Superior Court:

Marin County Superior Court Rejects Proposed Desalination Plant Environmental Impact Report29

North Coast Rivers Alliance v. Marin Municipal Water District Board of Directors, Case No. CV094809, order Aug. 25, 2011 (Marin Super. Ct.).