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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).