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California Water Law & Policy Reporter

December 2012

Volume 23, Number 3 December 2012


The State Water Resources Control Board Periodic Review of Bay Delta Plan: Is the Process Defensible? by Valerie C. Kincaid, Esq., O’Laughlin 67


Proposed Water Deal Between Mexico and the U.S. May Signal a Change for Water Deliveries on the Colorado River System73

New Stanford University Study Finds Snowpack Shrinking Faster than Previously Believed74


U.S. District Court in California Allows Lawsuit Challenging Water Export Reduction Order to Proceed on the Merits76

Lawsuit Seeks to Compel More Comprehensive Analysis for Hydraulic Fracturing Mining Permits while the State Legislature Proposes More Disclosure of Fracking Details77


Circuit Court of Appeals:

Eleventh Circuit Decides It Lacks Original Jurisdiction to Review an EPA Rule that Exempts Water Transfers from Regulation under the NPDES Permitting Program80

Friends of the Everglades et. al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-13652-C (11th Cir. Oct. 26, 2012).

District Court:

District Court Upholds Designation of Santa Ana Sucker Endangered Species Act Critical Habitat82

Bear Valley Mutual Water Co., et al., v. U.S. Fish and Wildlife Service/Salazar, ___F.Supp.2d___, Case No. 8:11-CV-01263 (C.D. Cal. Oct 17, 2012).

District Court Finds City’s Claims Against Dry Cleaning Equipment Manufacturer Untimely under

CERCLA’s Discovery Rule84

Lewis v. Russell, ___F.Supp.2d___, Case No. 2:03-2646 (E.D. Cal. Oct. 3, 2012).


District Court of Appeal:

Second District Upholds Resolution Prohibiting Discharge of Waste from Septic Tanks87

Citizens for Clean Water v. Central Coast Regional Water Quality Control Board, unpub., Case No. B231945 (2nd Dist. Oct. 25, 2012).

Third District Finds Indirect Pollutant Discharge through Ephemeral Drainages without Permit Violates the Clean Water Act—Even if Drainages Not ‘Waters of the United States’89

Garland v. Central Valley Regional Water Quality Control Board, California, ___Cal.App.4th___, Case No. C067130 (3rd Dist. Oct. 24, 2012).

Fourth District Holds General Contractor Lacks Standing to Sue Water Company90

Hansen Construction v. Meadowcreek Mutual Water Co., unpub., Case No. E053620 (4th Dist. Oct. 18, 2012).

Fourth District Invalidates CEQA EIR for Failure to Adequately Analyze Water Supply Impacts92

Preserve Wild Santee v. City of Santee, ___Cal.App.4th__, Case No. D055215 (4th Dist. Oct. 19, 2012).