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California Water Law & Policy Reporter

December 2011

Volume 22, Number 3 December 2011

FEATURE ARTICLE

State and Regional Water Boards Expand their Land Use Entitlement Authority under the State and Federal Clean Water Acts by Michele A. Staples, Craig K. Beam and Jonathan E. Shardlow, Jackson DeMarco Tidus Peckenpaugh, California67

CALIFORNIA WATER NEWS

Proposed Modesto Irrigation District Water Sale Stirs Controversy73

Referendum to Overturn Water Rate Increase Qualifies, Creates Questions Regarding Funding for Woodland-Davis Water Supply Project74

REGULATORY DEVELOPMENTS

Water Districts File Petition with State Water Board to Provide Substitute Mitigation for Environmental Impacts to the Salton Sea Associated with Water Transfer Project76

State Water Board Adopts Cease and Desist Order to Millview County Water District from Alleged Water Diversions on the Russian River79

State Water Board Issues Notice of Preparation and Public Scoping Meeting Regarding the Russian River Frost Protection Regulation81

LEGISLATIVE DEVELOPMENTS

A Summary of Bills Governor Brown Acts on During the Last Legislative Session84

Governor Brown Signs AB 54, Bringing More Government Oversight of Mutual Water Companies that Deliver Drinking Water to Consumers85

New Legislation Exempts Certain Renewable Energy Projects from Water Supply Assessment Requirements87

LAWSUITS FILED OR PENDING

North Kern County Water Storage District Files Suit against the City of Bakersfield in an Attempt to Keep the Tap Flowing89

Lawsuit Filed in San Joaquin County Superior

Court Revives Dispute over the Delta Wetlands Project90

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Tenth Circuit Denies District Attorney’s Citizen

Suit for Lack of Standing under the Clean Water

Act92

Thiebaut v. Colorado Springs Utilities, ___F.3d___, Case No. 10-1471 (10th Cir. Oct. 12, 2011).

RECENT STATE DECISIONS

District Court of Appeals:

CEQA Compliance Was Required Prior to Evidentiary Hearing and Ruling on Motion to Amend Judgment Imposing Physical Solution on Ground Water Basin . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

Hillside Memorial Park and Mortuary v. Golden State Water Co., ___Cal.App.4th___, Case No. B225058 (2nd Dist. 2011).