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California Water Law & Policy Reporter

February 2013

Volume 23, Number 5 February 2013


Completion of the Red Bluff Pumping Plant Brings a New Era of Water Diversion Certainty For Sacramento Valley Central Valley Project Contractors by J. Mark Atlas, Esq., Willows, California131


NMFS Grants U.S. Army Corps Three More Years to Meet Salmon Restoration Deadlines in the Yuba River136


U.S. Supreme Court:

Supreme Court Clarifies Standards for Asserting an Inverse Condemnation Claim Based on Temporary Flooding138

Arkansas Game and Fish Commission v. U.S., ___U.S.___, Case No. 11-597 (U.S. Dec. 2012).

U.S. Supreme Court Reverses Ninth Circuit and Reaffirms Water Transfer Precedent139

Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., ___U.S.___, Case No. 11–460 (U.S. Jan. 8, 2013).

District Court:

District Court Upholds ESA Critical Habitat Designation for Green Stur-


Building Industry Association of the Bay Area, et al. v. U.S. Department of Commerce, ___F.Supp.2d___, Case No. C 11-4118 (N.D. Cal. 2012).

District Court Imposes CERCLA Liability for Canadian Plant’s Indirect Disposal of Hazardous Substances into U.S. Waters142

Pakootas v. Teck Cominco Metals, Ltd., ___F.Supp.2d___, Case No. CV-04-256-LRS (E.D. Wash. Dec. 14, 2012).

District Court Rules EPA Exceeded Its Authority in Setting Clean Water Act TMDLs for Nonpollutants as Surrogates for Pollutants145

Virginia Department of Transportation v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 1:12-CV-775 (E.D. Va. Jan. 3, 2013).


District Court of Appeal:

Third District Finds Water Emergency Declaration by Water District Is Governed by the Central Basin Judgment, and Not CEQA148

Central Basin Municipal Water District v. Water Replenishment District of Southern California, 211 Cal.App.4th 943 (2nd Dist. 2012).

Third District Upholds Tehama County Environmen-tal Impact Report for Project Water Supply150

Sierra Club v. County of Tehama, Case No. C066996, Unpub. Op.(3rd Dist. 2012).

Superior Court:

Superior Court Dismisses Two-Thirds of Central Delta Water Agency’s Challenges to the Monterey Amendment152

Central Delta Water Agency et al. v. California Department of Water Resources, et al., Case 34-2010-80000561, Dec. 19, 2012 (Sacramento Super. Ct.).

Superior Court Rejects Fish and Game’s Effort to Require Lake and Streambed Alteration Agreements in Order to Exercise Water Rights154

Siskiyou Farm Bureau v. California Department of Fish and Game, Case No. SC CV 11-00418, Dec. 24, 2012 (Siskiyou Super. Ct.).

Opinions of California Attorney General:

California Attorney General Opines on the

Voting Limits of a County Water Authority Director156