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California Water Law & Policy Reporter

October 2015

Volume 26, Number 1 October 2015


California Department of Water Resources Study Prepared by NASA Shows Central Valley Land Dropping at a Pace Faster Due to Groundwater Pump-ing3

Los Angeles Department of Water and Power Dumps 20,000 ‘Shade Balls’ into Reservoir to Reduce Evaporation—Action Becomes Internet Sensa-



California Department of Water Resources Lists Critically Drafted Groundwater Basins under the Sustainable Groundwater Management Act6

Department of Water Resources Releases Draft Guidelines for Proposition 1 Sustainable Groundwater Planning Grant Program for Stressed


California State Water Resources Control Board Approves General Waste Discharge Requirements for Composting Operations11


U.S. District Court Denies Request to Enjoin Release of Central Valley Project Water to the Klamath River13

Superior Court Rejects Environmental Challenge to San Diego County Water Authority’s Regional Water Facilities Optimization and Master Plan Update and Climate Action Plan15

Monsanto Seeks Dismissal of Lawsuit Alleging it Contaminated San Diego Bay with PCBs17


Circuit Court of Appeals:

Ninth Circuit Finds Notice of Intent to Sue the Forest Service Alleging Violations of the ESA Sufficient in the Face of a Motion to Dismiss19

Klamath-Siskiyou Wildlands Center v. Rob MacWhorter, the U.S. Forest Service, ___F.3d___, Case No. 13-35453 (9th Cir. Aug. 10, 2015).

Ninth Circuit Holds No Permit Needed under the Clean Water Act for Irrigation Project Covering Parts of California and Oregon21

ONRC Action v. U.S. Bureau of Reclamation, ___F.3d___, Case No. 12-35831 (9th Cir. Aug. 21, 2015).

District Court:

District Court Finds Scrap Metal Facility Discharged Via Storm Water Runoff Pollutants into a Drinking Water Source in Violation of Water Quality Standards . . . . . . . . . . . . . . . . . . . . . . . 22 California Sportfishing Protection Alliance v. Chico Scrap Metal, ___F.Supp.3d___, Case No. 2:10-CV-01207-GEB-AC (E.D. Cal. Aug. 17, 2015).

District Court Blocks Implementation of EPA/Corps Promulgated CWA Clean Water Rule24

North Dakota v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 3:15-cv-59 (D. N.D. Aug. 27, 2015).


District Court of Appeal:

Sixth District Court Reverses Refund of Water Service Charges28

Great Oaks Water Company v. Santa Clara Valley Water District, ___Cal.Ap.4th___, Case No. H035260 (6th Dist. Aug. 12, 2015).

Superior Court:

Superior Court Orders State and Central Regional Water Quality Control Boards to Create New Rules to Protect against Agricultural Pollution30

Monterey Coastkeeper v. State Water Resources Control Board, Case No. 34-2012-80001324 (Sacramento Super. Ct. Aug. 10, 2015).