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California Water Law & Policy Reporter

January 2013

Volume 23, Number 4 January 2013

CALIFORNIA WATER NEWS

Delta Watermaster Makes Recommendations on the Expansion of ‘Term

91’99

The Countdown to Expiration of the Klamath Basin Restoration Agree-

ment101

Yuba County Water Agency Sends Notice of Intent to Sue Federal Agencies over Reasonably Prudent Alternatives in BiOp for Two Yuba River

Dams103

LEGISLATIVE DEVELOPMENTS

Summary of 2012 California Water-Related Legislation106

REGULATORY DEVELOPMENTS

EPA Passes Rule Exempting Stormwater Discharges from Logging Roads from Clean Water Act NPDES Permitting Requirements109

LAWSUITS FILED OR PENDING

U.S. Supreme Court Hears Two Clean Water Act Cases111

Groups File Suit in State Court Alleging that the State Water Board Is Delaying Water Quality Improvement in the Central Coast113

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Eleventh Circuit Finds District Court Lacked Jurisdiction to Enjoin a State Water Contract Dispute115

Upper Chattahoochee Riverkeeper Fund, Inc. v. City of Atlanta, ___F.3d___, Case Nos. 10-10711, 10-10718 (11th Cir. Nov. 19, 2012).

RECENT CALIFORNIA DECISIONS

California Supreme Court:

California Supreme Court Gives ‘Expansive Interpretation’ to State Coastal Act Permit Require-

ment118

Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles, ___Cal.4th___, Case No. S187243 (Nov. 29, 2012).

District Court of Appeal:

Sixth District Affirms Majority of Stipulation Allocating Water Rights in the Santa Maria Valley Groundwater Basin120

City of Santa Maria, et al. v. Richard E. Adam, et al., ___Cal.App.4th___, Case No. H032750 (6th Dist. Nov. 21, 2012).

Third District Court Clarifies Interrelated Diversion and Storage Rights in the Susan River Decree122

Dow v. Lassen Irrigation Co., ___Cal.App.4th___, Case No. C068550 (3rd Dist. Nov. 19, 2012).

Sixth District Addresses Several Aspects of an EIR, Including Water Supply and the Project Description for Proposed U.C. Santa Cruz Project123

Habitat and Watershed Caretakers v. City of Santa Cruz, ___Cal.App.4th___, Case No. H037545 (6th Dist. Nov. 27, 2012).

Fourth District Finds an NPDES Permit Issued for the Planned Carlsbad Desalination Facility Does Not Violate the State Water Code125

Surfrider Foundation v. California Regional Water Quality Control Board, San Diego Region, ___Cal.App.4th___, Case No. D060382 (4th Dist. Nov. 30, 2012).