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California Water Law & Policy Reporter

June 2015

Volume 25, Number 9 June 2015

FEATURE ARTICLE

Emergency Drought Regulations Impose Mandatory Cutbacks in Water Use—

Should Water Rights Holders Be Compensated? by Kathryn Horning and Courtney Davis, Allen Matkins Leck Gamble Mallory & Natsis San Diego. .247

CALIFORNIA WATER NEWS

Expert Faculty to Address Drought, Groundwater at Argent Communications Group’s 30th California Water Law 253

REGULATORY DEVELOPMENTS

Department of Conservation Adopts Emergency Regulations for Oil and Gas Injection Wells255

State Water Resources Control Board Approves Joint Petition For Temporary Water Transfers and Exchanges In Response to Drought257

State Water Resources Control Board is Reviewing the Regional Board’s 2012 Order for the MS4 Permit for Los Angeles County259

Department of Water Resources Provides Listening Sessions Regarding Upcoming Basin Boundary Revisions Regulations Pursuant to the Sustainable Groundwater Management Act261

LAWSUITS FILED OR PENDING

Environmental Groups File Suit Against San Francisco Challenging Hetch Hetchy Reservoir264

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Federal Circuit Affirms Denial of Hopi Tribe’s Claim that the United States Must Provide Safe Drinking Water on the Reservation266

Hopi Tribe v. U.S., ___F.3d___, Case No. 2014:5018 (Fd Cir. Apr. 2, 2015).

RECENT STATE DECISIONS

District Court of Appeal:

First District Court Finds the SWRCB Properly Assessed Storm Water Fee Despite Large Gaps Between Revenue and Expenditures268

California Building Industry Association v. State Water Resources Control Board, ___Cal.App.4th___, Case No. A137680 (1st Dist. Apr. 20, 2015).

Fourth District Court Rejects Budget-Based Tiered Water Rates For Failure to Comply With Proposition 218270

Capistrano Taxpayers Association, Inc. v. City of San Juan Capistrano, 235 Cal.App.4th 1493 (4th Dist. 2015).

Second District Court Holds that Eminent Domain Acquisition of Water Service Facilities May Be Funded By Mello-Roos Act273

Golden State Water Co. v. Casitas Municipal Water District, 186 Cal.Rptr.3d 64 (2nd Dist. 2015).