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California Water Law & Policy Reporter

July 2014

Volume 24, Number 10 July 2014

CALIFORNIA WATER NEWS

Bill Establishing Paso Robles Basin Water District Passes State

Assembly279

REGULATORY DEVELOPMENTS

State Water Resources Control Board Issues Notice of Immediate Curtailment of Post-1914 Appropriative Rights for the Sacramento and San Joaquin River Watersheds281

State Water Resources Control Board Adopts Emergency Regulations to Curtail Water Users in Northern Streams283

State Water Resources Control Board Issues Draft NPDES Permit for Drinking Water Systems Discharges285

LAWSUITS FILED OR PENDING

Central Valley Project Contractor Group Files Suit against U.S. Bureau of Reclamation over Releases from Friant Dam288

RECENT FEDERAL DECISIONS

Court of Appeals:

Ninth Circuit Rejects Environmental Challenge to Colorado River Water Transfers290

People of the State of California v. Jewell, ___F.3d___, Case No. 12-55956 (9th Cir. May 19, 2014).

District Court:

District Court Provides Further Guidance on CERCLA Liability for an Alleged ‘Disposal’ Caused by the Operations of Drinking Water Wells292

Coppola v. Smith, ___F. Supp.2d, ___, Case No. 1:11-CV-1257 AWI BAM (E.D. Cal. May 13, 2014).

District Court Finds City Liable For the Actions of Others when Pollutants Are Placed into Its Municipal Sewer Systems294

KFD Enterprises, Inc. v. City of Eureka, et al., ___F.Supp.2d___, Case No. 3:08-cv-04571 (N.D. Cal. May 9, 2014).

District Court Addresses Easement Holder Claims to Ditch Right-of-Way to Carry Water Over U.S. Forest Service Land296

Luciano Farms v. U.S., ___F.Supp.2d___, Case No. 2:13-CV-02116-KJM-AC (E.D. Cal. May 13, 2014).

District Court Upholds CWA Citizen Suit For Polluting without a Permit Despite Previous State Agency Finding that No Permit Was Required298

Soundkeeper, Inc. et al v. A&B Auto Salvage, Inc., ___F.Supp.2d___, Case No. 3:12-CV-00841 (D. Conn. May 15, 2014).

RECENT STATE DECISIONS

District Court of Appeal:

First District Court Upholds EIR’s Water Management Plan for Sonoma County Quarry300

Citizens Advocating for Roblar Rural Quality v. County of Sonoma, ___Cal.App.4th___, unpub., Case No. A136877 (1st Dist. May 13, 2014).

First District Court Upholds SWRCB Amendment to San Francisco Basin Water Quality Control Plan Limiting Vineyard Sediment Deposits into the Napa River302

Living Rivers Council v. State Water Resources Control Board, ___Cal.App.4th___, Case No. A137081 (1st Dist. May 7, 2014).