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California Water Law & Policy Reporter

November 2015

Volume 26, Number 2 November 2015

CALIFORNIA WATER NEWS

Westlands Water District Settles Decades-Old Drainage Dispute with United States35

Cadiz Valley Water Conservation, Recovery and Storage Project Faces Another Hurdle37

Metropolitan Water District and Southern Nevada Water Authority Reach Agreement to Store Colorado River Water in California39

Union of Concerned Scientists Proposes Best Practices to Achieve Goals of the Sustainable Groundwater Management Act40

REGULATORY DEVELOPMENTS

California Water Commission Releases Draft Regulations On Eligibility of Water Storage Projects for Proposition 1 Funding43

Department of Water Resources Closes Comment Period for Draft Emergency Basin Boundaries Regulations45

State Water Board Finds California Meets Water Conservation Goals for the Third Straight Month—Residents ‘Get It’46

LEGISLATIVE DEVELOPMENTS

Governor Brown Signs Assembly Bill 1390 and Senate Bill 226 for Comprehensive Groundwater Adjudication48

Chaptered California Senate Bill 13 Expands and Amends the Sustainable Groundwater Management Act50

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Eighth Circuit Reverses Class Certification Finding Insufficient Injury from Oil and Gas Contamination to Support a Nuisance Claim52

Smith v. Conoco Phillips Pipe Line Co., ___F.3d___, Case No. 14-2191, (8th Cir. Sept. 15, 2015).

District Court:

District Court Denies Environmental Group’s Motion to Supplement Record and Conduct Limited Discovery in Hetch Hetchy Case54

Center for Environmental Science Accuracy & Reliability v. National Park Service, ___F.Supp.3d___, Case No. No. 1:14-cv-02063 LJO MJS (E.D. Cal. Sept. 14, 2015).

District Court Addresses Publicly Owned Treatment Works Motion for Reconsideration Granted

Based upon Newly Discovered Evidence56

Southern California Alliance of Publically Owned Treatment Works, et al. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 2:14-cv-01513-MCE-DAD (E.D. Cal. Sept. 15, 2015).

RECENT STATE DECISIONS

District Court of Appeal:

First District Court Decides CEQA Exemption Not Applicable to Waterfront Development58

Defend our Waterfront v. California State Lands Commission, et al., ___Cal.App.4th___, Case Nos. A141696 & A141697 (1st Dist. Sept. 17, 2015).