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California Water Law & Policy Reporter

January 2012

Volume 22, Number 4 January 2012


Santa Margarita Water District Issues Draft EIR for the Cadiz Valley Water Conservation, Recovery, and Storage Project by Jan Driscoll, Allen Matkins Leck Gamble Mallory 99


Delta Stewardship Council Issues Draft Environmental Impact Report on the Delta Plan104

California Fish and Wildlife Strategic Vision Executive Committee Releases Draft Interim Strategic Vision for Public Review and Comment105


California Fish and Game Commission to Consider Relaxing Striped Bass Fishing Limits108

Comments Received Pursuant to State Water Resources Control Board’s Guidance for Complying with Water Diversion Measurement Requirements for Statement Holders109


Fishing and Conservation Groups Sue to Stop Discharge of Contaminated Groundwater in San Joaquin River112


District Court:

District Court Holds It’s an Issue of Fact whether a Gravel and Sand Yard Constitutes an ‘Industrial Facility’ Warranting Clean Water Act NPDES Permit Compliance114

California Sportfishing Protection Alliance v. Shamrock Materials, Inc., ___F.Supp.2d___, Case No. C11-2565 MEJ (N.D. Cal. Nov. 2, 2011).

District Court Determines Notice Requirements of the Resource Conservation and Recovery Act and the Clean Water Act Are a Low Hurdle116

Northern California River Watch v. Honeywell Aero, ___F.Supp.2d___, Case No. C 11-03723 WHA (N.D. Cal. Nov. 14, 2011).

Claims Court:

Federal Court of Claims Rejects Public Trust Limits on Water Right but Dismisses Water District’s Takings Claim as Unripe118

Casitas Municipal Water District v. U.S., Case No. 05-168L (Fed. Cl. Dec. 5, 2011).


District Court of Appeal:

Sixth District Finds Applications to LAFCO for Extensions of Water and Sewer Services Are Not Limited to Service Providers, but May Be Filed by Service Recipients121

Community Water Coalition v. Santa Cruz County LAFCO, ___Cal.App.4th___, Case No. H036616 (6th Dist. Nov. 18, 2011).

Second District Decision Clarifies Rules Governing Allocations by Mutual Water Companies123

De Boni Corporation v. Del Norte Water Company, ___Cal.App.4th___, Case No. B226767 (2nd Dist. Nov. 14, 2011).

Third District Reverses Superior Court—Declares Quantification Settlement Agreement Constitutional

Quantification Settlement Agreement Cases, Case No. C064293 (3rd Dist. Dec. 7, 2011).