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California Water Law & Policy Reporter

February 2015

Volume 25, Number 5 February 2015

CALIFORNIA WATER NEWS

California Emergency Drought Relief Act of 2014 Fails to Pass in U.S.

Senate131

Decades-Old Water Dispute over the San Luis Rey River Nears End132

Madera Irrigation District Adopts Negative Declaration and Final Settlement with Former Partners in Water Bank Project134

REGULATORY DEVELOPMENTS

International Boundary and Water Commission Releases Report on Benefits of Increased Flows to Colorado River Delta136

Food and Drug Administration Set to Consider Revision of Food Safety Rules for Irrigation Water138

California Water Boards and the State Department of Fish and Wildlife to Implement Regulatory Program For Marijuana Cultivation139

San Francisco PUC and San Mateo County Agencies Finalize Long-Term Groundwater Management Plan for Bay Area Groundwater Basin140

LAWSUITS FILED OR PENDING

Environmental Groups Seek Writ of Mandate against EPA over Failure to Implement Clean Water Act Phase II MS4 Regulations142

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Upholds Biological Opinion Regarding Impacts of Central Valley Project and State Water Project Operations on Salmonid Species145

San Luis & Delta-Mendota Water Authority v. Locke, ___F.3d___, Case No. 12-15144 (9th Cir. Dec. 22, 2014).

District Court:

District Court Dismisses Citizen Suit against the Army Corps For Mootness Relating to Flood Control Project147

Finca Santa Elena Inc. et al v. U.S. Army Corps of Engineers et al, ___F.Supp.3d___, Case No. 1:11-cv-00296 (D. D.C. Jan. 6, 2015).

District Court Grants Injunction Forcing PPG Industries to Apply for a Clean Water Act Discharge Permit148

PennEnvironment, et al. v. PPG Industries, Inc., et al., ___F.Supp.3d___, Case No. 12-CV-342 (W.D. Pa. Dec. 10, 2014).

RECENT STATE DECISIONS

District Court of Appeal:

Fourth District Court Reviews Local Allocation Scheme in Inyo County Water Dispute151

Falzon v. Wack, Case No. E059209, Unpub. (4th Dist. Dec. 8, 2014).

Fifth District Court Upholds Post-Mining Reclamation Plan Converting Agricultural Land to Water Basins153

Friends of the Kings River v. County of Fresno, 232 Cal.App.4th 105 (5th Dist. 2014).