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California Water Law & Policy Reporter

December 2015

Volume 26, Number 3 December 2015

FEATURE ARTICLE

Does Every Drop Really Count? An Inconsistent Accounting of California’s Water Supply by David E. Cameron, Esq., Downey Brand LLP, Sacramento, California63

CALIFORNIA WATER NEWS

California’s Ongoing Drought Ignites Controversy over Exportation from the Sacramento-San Joaquin Delta68

Environmental Groups and Water Agencies Dispute Use of ‘Unimpaired Flow’ Standard in the Sacramento-San Joaquin Delta Water Quality Control

Plan70

REGULATORY DEVELOPMENTS

California Department of Water Resources Adopts Emergency Regulations for Groundwater Basin Boundary Modifications72

LEGISLATIVE DEVELOPMENTS

California Senate Bill 758 Looks to the Skies For Answers, Authorizes Study of ‘Atmospheric Rivers’75

California Senate Bill 88 Adds Measurement and Reporting Requirements for 12,000 Water Diverters77

Governor Brown Approves Assembly Bill 142: Mokelumne River Wild and Scenic Study79

LAWSUITS FILED OR PENDING

Water Agencies Seek U.S. Supreme Court Review of Santa Ana Sucker Critical Habitat Designation81

Environmental Groups Sue U.S. Forest Service for Permitting Water Diversions under Expired Use Permit83

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Sixth Circuit Issues Nationwide Stay of Clean Water Rule86

In re U.S. Environmental Protection Agency and Department of Defense Final Rule: ‘Clean Water Rule: Definition of Waters of the United States,’ ___F.3d___, Consolidated Case Nos. 15-3799/3822/3853/3887 (6th Cir. 2015).

District Court:

District Court Finds Bureau of Reclamation’s Management of the Central Valley Project Is Not ‘Agency Action’ under the APA88

California Sportfishing Protection Alliance v. U.S. Bureau of Reclamation, ___F.Supp.3d___, Case No. 1:15-cv-00912 (E.D. Cal. Oct. 20. 2015).