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California Water Law & Policy Reporter

October 2012

Volume 23, Number 1 October 2012

FEATURE ARTICLE

There Will Be Water Flowing Underground: The New General Permit for Aquifer Storage and Recovery by Ryan S. Bezerra, Esq., Bartkiewicz, Kronick 3

CALIFORNIA WATER NEWS

San Francisco to Vote on Potential Restoration of Hetch Hetchy Valley9

LEGISLATIVE DEVELOPMENTS

Late Session CEQA Changes Shelved by California Legislature10

Governor Brown Signs into Law Legislation Creating a New ‘Right to

Water’11

REGULATORY DEVELOPMENTS

San Joaquin River Restoration Project Final Program EIS/EIR Issued by the Bureau and DWR13

State Water Resources Control Board Proposes General Order for ASR Projects that Inject Drinking Water into Groundwater15

The State Water Resources Control Board Will Issue New Requirements

for Ocean Desalination Facilities through an Amendment to the Ocean

Plan17

LAWSUITS FILED OR PENDING

Orange County Lawsuits Allege Residential Delivery of Corrosive Water Caused Pinhole Leaks in Copper Pipes20

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Upholds Regulations Authorizing Incidental Take of Polar Bears and Pacific Walruses for Oil and Gas Exploration in Alaska22

Center for Biological Diversity v. Salazar, ___F.3d___, Case No. 10-35123 (9th Cir. Aug. 21, 2012).

Ninth Circuit Rejects Grand Canyon Trust’s Appeal Regarding the Bureau’s Annual Operating Plans for the Glen Canyon Dam24

Grand Canyon Trust v. U.S. Bureau of Reclamation, ___F.3d___, Case No. 11-16326 (9th Cir. Aug. 13,

2012).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Sixth District Rejects Sierra Club’s Challenge to Permit Creating Water Distribution System for Monterey Bay Ecoresort26

California American Water v. City of Seaside, Case No. H037286, unpub. dec. (6th Dist. Filed Aug. 15, 2012).

Superior Court:

Superior Court Strikes State Water Resources Control Board’s Northern California Instream Flow

Policy28

Living Rivers Council v. State Water Resources Control Board, Case No. RG10-543923 (Alameda Super Ct. Aug. 9, 2012).