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California Water Law & Policy Reporter

March 2015

Volume 25, Number 6 March 2015


Delineating the Boundaries of California’s Public Trust Doctrine beyond Water Rights Law and into Land Use Decisions by Christian L. Marsh, Esq. Downey Brand, LLP, San Francisco159


Governor Brown Calls for Spending $532.5 Million in Proposition 1 Water Bond Funds163


State Water Resources Control Board Partially Approves Temporary Changes to the State Water Project and Central Valley Project Water Right


State Water Resources Control Board Issues Notice of Surface Water Shortage and Potential for Curtailment of Water Right Diversions for 2015166

State Water Resources Control Board Releases Dry-Year Program


State Water Resources Control Board Proposes New Grazing Regulations to Protect Water Quality169

San Diego Regional Board Amends MS4 Permit to Enroll South Orange County Permittees—Considers Alternate Path to Compliance with Receiving Water Limitations171


Circuit Court of Appeals:

Ninth Circuit Affirms U.S. Forest Service’s Decision to Implement the ‘Little Slate’ Timber Thinning Project174

Alliance for the Wild Rockies v. Brazell, Unpub., Case No. 14-30050, (9th Cir., Jan. 2, 2015).

Sixth Circuit Finds Coal Mine Complying with Clean Water Act General Permit Is Shielded from Liability for Pollutant Discharges Not Explicitly Addressed in the Permit175

Sierra Club v. ICG Hazard, LLC, ___F.3d___, Case No. 13-5086 (6th Cir. Jan. 27, 2015).

District Court:

District Court Finds Potential CERCLA Liability

for Discharge of Aerial Emissions in Canada Resulting in Pollutants Contaminating U.S. Water


Pakootas v. Teck Cominco Metals, Ltd., ___F.Supp.3d___, Case No. CV-04-256-LRS (E.D. Wash. Dec. 31, 2014).

District Court Applies ‘Innocent Landowner Defense’ to Defendant that Had No Reason to Know of Soil and Groundwater Contamination from Dry Cleaning Activities179

Viola Coppela v. Gregory Smith, ___F.Supp.3d___, Case No. 11-cv-01257-AWI-BAM (E.D. Cal. Jan. 15, 2015).


District Court of Appeal:

Third District Court Finds Municipal Utility’s ‘PILOT’ Program Is Subject to Proposition 26182

Citizens for Fair REU Rates et al. v. City of Redding, ___Cal.App.4th___, Case C071906 (3rd Dist. Jan. 20, 2015).