Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Water Law & Policy Reporter

January 2014

Volume 24, Number 4 January 2014


EPA and U.S. Army Corps of Engineers Likely to Propose a New Rule Interpreting Clean Water Act Jurisdiction99

California’s Division of Oil, Gas and Geothermal Resources Issues Draft Regulations for Well Stimulation under SB 4100

Draft Environmental Documents for the Bay Delta Conservation Plan Released for Public Review by DWR102

State Auditor Confronts Salton Sea Restoration Cost Issues104


United States Urges U.S. Supreme Court to Allow Texas Suit against

New Mexico and Colorado Respecting Rio Grande Water Compact Viola-


Prop. 218 Lawsuit Challenges Rate Increase by the Santa Ynez River Water Conservation District107

Landowners File State Court Suit Challenging County Ordinance Restricting Groundwater Use in the Paso Robles Basin109

Paso Robles Groundwater Basin Fuels Water Rights Debate—Landowners File State Court Suit Seeking to Quiet Title to Their Water Rights110


Circuit Court of Appeals:

On Remand from the U.S. Supreme Court, Federal Circuit Rules that Government-Induced Flooding Constitutes a Fifth Amendment Taking112

Arkansas Game and Fish Commission v. U.S., ___F.3d___, Case No. 9-5121 (Fed. Cir. Dec. 3, 2013).

Eleventh Circuit Holds that Plaintiffs Cannot Evade Clean Water Act Notice Requirements113

Black Warrior Riverkeepers Inc., v. Black Warrior Minerals, Inc., ___F.3d___, Case No. 12-15409 (11th Cir. Nov. 13, 2013).

Sixth Circuit Finds Clean Water Act Does Not

Impose on the Army Corps a Non-Discretionary

Duty to Administer Permitting Program to Non-Applicants115

Huron Mountain Club v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 12-2217 (6th Cir. Oct. 30, 2013).

District Court:

District Court Holds That Merely Pumping From a Contaminated Aquifer Is Not a Release of a Hazardous Substance under CERCLA118

Coppola v. Smith, ___F.Supp.2d, ___, Case No. 1:11-CV-1257 AWI BAM (E.D. Cal. Nov 8, 2013).