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California Water Law & Policy Reporter

July 2013

Volume 23, Number 10 July 2013


Ships that Pass in the Delta—The Public Trust and the Bay Delta Conservation Plan/Delta Plan by Paul Stanton Kibel, Golden Gate University School of Law, San Francisco, California291


Interior Department Issues Updated Draft Rule for Fracking on Indian


Governor Brown Issues Executive Order to Streamline Water Transfers. .297

Delta Protection Commission Votes to Oppose the Water Tunnel Plan as Westlands Water District Files a Lawsuit against the Delta Plan298

San Diego Regional Water Quality Control Board Adopts Stringent New Municipal Storm Water Permit300


Agua Caliente Indians Sue Agencies Claiming Senior Water Rights in Coachella Valley303

Public Water Agencies Challenge the Delta Plan304


Circuit Court of Appeals:

D.C. Circuit Paves the Way for the U.S. EPA to Revoke Clean Water Act Section 404 Discharge Permits before Expiration307

Mingo Logan Coal Co. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-5150 (D.C. Cir. 2013).

District Court:

District Court Finds Los Angeles Must Comply with Clean Air Act Particulate Matter Emissions Controls Related to Owens Lake Water Use308

City of Los Angeles v. Great Basin Unified Air Pollution Control District, ___F.Supp.2d___, Case No. 1:12CV1683 AWI SAB (E.D. Cal. May 2, 2013).


District Court of Appeal:

Fourth District Finds State Fish and Game Commission May Designate Marine Protected Areas Despite Lack of a Master Plan or Committee Review311

Coastside Fishing Club v. California Fish and Game Commission, ___Cal.App.4th___, Case No. D061121 (4th Dist. Apr. 15, 2013).

Third District Finds Susan River Decree Does Not Give Lassen Irrigation District a Right to Direct Diversion to Beneficial Use Measured by the Capacity of Its Reservoirs313

Jay Dow v. Lassen Irrigation Company, 216 Cal.App.4th 766 (3rd Dist. 2013).

First District Upholds Environmental Impact Report for Marin County Desalination Project315

North Coast Rivers Alliance v. Marin Municipal Water District, ___Cal.App.4th___, Case Nos. A133821, A135626 (1st Dist. May 21, 2013).

Superior Court:

Mendocino Superior Court Constrains State Water Resources Control Board’s Ability to Assess the Validity of Pre-1914 Water Rights317

Millview County Water District v. California State Water Resources Control Board, Case No. SCUK-CVPT-12-59715 (Mendocino Super. Ct. 2013).