California Water Law & Policy Reporter
December 2014
Volume 25, Number 3
December 2014
LEGISLATIVE DEVELOPMENTS
California Voters Approve $7.5 Billion Water Bond67
California Legislature Passes New Laws Amending State’s Urban Water Management Planning Act68
Governor Brown Signs Bill Amending California’s Water Service Duplication Statute69
REGULATORY DEVELOPMENTS
U.S. Fish and Wildlife Service Announces Final Restoration Plan for Salton Sea National Wildlife Refuges71
U.S. Bureau of Reclamation and Western Water Providers Unveil New Program to Address Declining Reservoir Levels on the Colorado River73
Department of Water Resources and U.S. Bureau of Reclamation Post
CVP and SWP Drought Contingency Plan through January 201576
State Water Resources Control Board Denies Petitions For Reconsideration of Temporary Urgency Change Petition Order, with Modifications78
State Water Resources Control Board Temporarily Lifts Curtailments of Post-1914 Water Rights During Significant Storm Events80
LAWSUITS FILED OR PENDING
Friant Water Authority Files Petition for Writ of Mandate and Injunctive Relief over Temporary Urgency Change Petition Orders82
Stanford-Vina Ranch Irrigation Company Sues State Water Resources Control Board for the Adoption of Emergency Regulations83
RECENT FEDERAL DECISIONS
Court of Appeals:
Eleventh Circuit Reverses District Court’s Dismissal of Groundwater Contamination Toxic Tort Claims and Criticizes the Use of Lone Pine Orders87
Adinolfe v. United Technologies Corp., ___F.3d___, Case No. 12-16396 (11th Cir. Oct. 6, 2014).
Fourth Circuit Limits ‘Permit Shield’ Defense to Actions under the Clean Water Act89
Southern Appalachian Mountain Stewards v. A&G Coal Corporation, 758 F.3d 560 (4th Cir. 2014).
Ninth Circuit Upholds Ban on Hovercraft Use on State-Owned Waters Subject to Federal Lands Conservation Act91
Sturgeon v. Masica, ___ F.3d ___, Case No. 13-36165 (9th Cir. Oct. 6, 2014).
RECENT STATE DECISIONS
District Court of Appeal:
Sixth District Court Finds Use of Estoppel to Require Coastal Landowner to Dedicate Public Coastal Easement as Condition of Development Permit Inequitable94
Bowman v. California Coastal Commission, ___Cal.App.4th___ Case No. 14 C.D.O.S. 12221 (6th Dist. Oct. 24, 2014).