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California Water Law & Policy Reporter

November 2011

Volume 22, Number 2 November 2011

FEATURE ARTICLE

Funding NPDES MS4 Permit Requirements to ‘The Maximum Extent

Practicable’ by Rebecca Andrews, Best Best 35

CALIFORNIA WATER NEWS

U.S. Congressional Leaders from California McNerney, Matsui, and Thompson Send Letter to Interior Secretary Salazar Opposing The Bay Delta Conservation Plan41

The Delta Stewardship Council Releases the Fifth Draft of the Delta

Plan42

REGULATORY DEVELOPMENTS

International Boundary and Water Commission Considers Order that Could Allow Mexico to Store Colorado River Water in Lake Mead44

EPA to Begin Issuing Permits to Cover Pesticide Applications under the Clean Water Act45

U.S. Bureau of Reclamation and California’s DWR Receive Comments on the San Joaquin River Restoration Project Program EIR/EIS46

NOAA Fisheries and the Bureau Proffer Pilot Project to Reintroduce Winter-Run Chinook Salmon to the McCloud River50

EPA Orders 13 Chino Dairies to Comply with the Clean Water Act or Face Heavy Fines51

LAWSUITS FILED OR PENDING

The Proposition 218 Battle Heats Up in the Southern California Desert—Water District Files Suit Challenging Water and Sewer Rate Initiatives53

RECENT FEDERAL DECISIONS

District Court:

District Court Grants Motion to Dismiss Claim Involving Colorado River Water against Development of Solar Energy Plant for Lack of Standing55

California Unions for Reliable Energy v. U.S. Department of the Interior, ___F.Supp.2d___, Case No. CV-10-9932 (C.D. Cal. Sept. 22, 2011).

RECENT STATE DECISIONS

Supreme Court:

California Supreme Court Defines Relationship between Clean Water Act and Energy Commission Jurisdiction for Thermal Power Plant Projects58

Voices of the Wetlands v. State Water Resources Control Board, et al, ­­­___Cal.4th___, Case No. S160211 (Aug. 15, 2011).

District Court of Appeals:

Show and Tell—Full Disclosure in CEQA Documents and Water Supply Assessments60

Madera Oversight Coalition, Inc. v. County of Madera, 199 Cal.App.4th 48 (5th Dist. 2011).