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California Water Law & Policy Reporter

June 2014

Volume 24, Number 9 June 2014

FEATURE ARTICLE

Roiling Waters—The Ninth Circuit Wades into the ESA-Water Rights Cross-Current in NRDC v. Jewell by Steve Saxton, Esq., Downey Brand LLP, Sacramento, California247

CALIFORNIA WATER NEWS

Overview of the Statewide Focus on Groundwater253

Ninety-Acre Delta Restoration Project Approaches Finalization256

LEGISLATIVE DEVELOPMENTS

Water Infrastructure Legislation Passed by Congress for First Time in Seven Years258

REGULATORY DEVELOPMENTS

State Water Resources Control Board Issues Draft General Order to Streamline Permitting for Use of Non-Potable Recycled Water259

Environmental and Fishing Groups Seek Change to American River Flows via Complaint Filed with the State Water Resources Control Board261

Regional Water Quality Control Board Finds Los Angeles Can Now Use More Recycled Water to Replenish Groundwater Basin263

RECENT FEDERAL DECISIONS

Court of Appeals:

Ninth Circuit Holds that U.S. Bureau of Reclamation Is Required to Consult Federal Agencies before Renewing Challenged Central Valley Project Contracts Affecting Delta Smelt264

Natural Resources Defense Council v. Jewell, ___F.3d___, Case No. 09-17661 (9th Cir. Apr. 16, 2014).

District Court:

District Court Finds Due Process Claims Based on a U.S. Army Corps of Engineer’s Clean Water Act Cease and Desist Order Survive Challenge266

Duarte Nursery, Inc. v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. S-13-2095 (E.D. Cal. Apr. 23, 2014).

District Court Upholds the Tahoe Regional Planning Agency’s Lake Tahoe Regional Plan Update268

Sierra Club v. Tahoe Regional Planning Agency, ___F.Supp.2d___, Case No. 2:13-cv-00267 (E.D. Cal. Apr. 7, 2014).

District Court Holds that Recreation Enhancement Act Allows Forest Service to Charge Amenity

Fees270

Wiechers v. Moore, ___F.Supp.2d___, Case No. 1:13-CV-00223-LJO-JLT (E.D. Cal. Apr. 10, 2014).

RECENT STATE DECISIONS

Superior Court:

Superior Court Denies Six Petitions for Writs of Mandamus—Upholds Cadiz Valley Water Conservation, Recovery and Storage Project273

Center for Biological Diversity v. County of San Bernardino, Case No. 30-2013-00633936 and Related Cases (Orange Super. Ct. May 1, 2014).