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California Water Law & Policy Reporter

July 2015

Volume 25, Number 10 July 2015


California State Budget and State Water Resources Control Board Allocate Drought Relief Funding278

Metropolitan Water District Adds $350 Million to Turf Removal Program Budget After a Surge in Applicants Leaves Reserves Dry . . . . . . . . . . . . . . . . . . . 279


EPA/Corps Clean Water ‘Waters of the United States’ Rule Brings a Measure of Clarity to the Scope of the Clean Water Act281

State Water Resources Control Board Approves Desalination Amendment to State Ocean Plan283

State Water Resources Control Board Approves Voluntary Reductions in Water Use Proposed by Delta Riparian Water Rights Holders285

California Public Utilities Commission Issues Drought Restrictions in Response to Governor Brown’s 25 Percent Reduction Mandate286

California Building Standards Commission Adopts Emergency Regulations Restricting the Water Allowance for Landscape Areas of New Construc-



Environmental Group Sues California Department of Water Resources over Delta Drought Barrier291

Environmental Groups and Delta Water Agencies File Suit Challenging Environmental Review for Ten-Year Water Transfer Program293


Circuit Court of Appeals:

D.C. Circuit Affirms Dismissal of Clean Water Act Case For Lack of Standing as Curable Defect Exception Did Not Apply295

National Association of Home Builders, et al. v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-5290 (D.C. Cir. May 15, 2015).

Ninth Circuit Reverses Summary Judgment Against San Diego and Reinstates the City’s Trespass and Health and Safety Code Claims Against Polluter of Groundwater297

People of the State of California and The City of San Diego v. Kinder Morgan Energy Partners, LP; et al., ___F.3d___, Case No: 13-55297 (9th Cir. May 21, 2015).

Federal Circuit Finds Claims Court Lacked Jurisdiction over Regulatory Takings Action Stemming from Corps Denial of a Clean Water Act Permit299

Resource Investments, Inc. v. U.S., ___F.3d___, Case No. 2014-5069 (Fed. Cir. May 12, 2015).


District Court of Appeal:

Third District Court Applies Streambed Alteration Requirements to Existing Water Diversions301

Siskiyou County Farm Bureau v. California Department of Fish and Wildlife, ___CalApp.4th___, Case No. C073735 (3rd Dist. June 4, 2015).