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California Water Law & Policy Reporter

December 2013

Volume 24, Number 3 December 2013


Court of Appeal Finds Groundwater Augmentation Charges are Water Service Fees and Are Not Subject to the Voter Approval Requirements of Proposition 218 by Kelly J. Salt, Esq., Best Best 67


Argent Communications Group Announces January 2014 MCLE California Land Use Conference: ‘Staying Ahead of the Curve’71


Governor Brown Approves New Laws Affecting Mutual Water Companies, Water Transfers and Flood Board’s Enforcement Authority74

Stanislaus County Adopts Ordinance Prohibiting the Mining and Exportation of Groundwater76


State Water Board Approves Additional Carmel River Water Rights to California American Water Company78

Governor Brown Announces New Appointments to California’s Regional Water Quality Control Boards79

Memorandum of Understanding between Imperial County Entities Sets a Course for Stabilization and Restoration of the Salton Sea81


District Court:

District Court Holds that Agricultural Stormwater Runoff Is Excluded from the Requirement to Obtain a Clean Water Act NPDES Permit84

Alt, v. U.S. Environmental Protection Agency, ___F.Supp.2d ___, Case No. CV No.2:12-CV-42 (N.D. W.Va. Oct. 23, 2013).

District Court Finds Plaintiff’s ‘Prevailing Party’ Claims, under the Clean Water Act, Flawed Based on a Balance of Equities86

California Sportfishing Protection Alliance v. Matheson Tri-Gas, Inc., ___F.Supp.2d___, Case No. 2:11-cv-01456-MCE-KJN (E.D. Cal. Oct. 11, 2013).

District Court Holds that Aerial Stocking of Fish in California Lakes Does Not Violate Federal Clean Water Act87

Pace v. Bonham, ___F.Supp.2d___, Case No. C-12-5610-NJV (N.D. Cal. Oct. 29, 2013).


District Court of Appeal:

Second District Court Holds that California and Cal-EPA May Not Legally Be Liable for Septic Ban Imposed on Landowner by State Water Boards90

Lavine v. State of California, Unpub., Case No. B238030 (2nd Dist. 2013).

Second District Court Determines Stormwater Discharge Permit Conditions Are Not a State Mandate Subject to Subvention92

State Department of Finance v. Commission on State Mandates, ___Cal.App.4th___, Case No. B237153 (2nd Dist. Oct. 16, 2013).

Second District Finds Water Code Allows Water Districts to Seek Injunctions against Those Who Have Not Paid Groundwater Assessments93

Water Replenishment District of Southern California v. City of Cerritos, ___Cal.App.4th___, Case No. B242080 (2nd Dist. Oct 30, 2013).