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California Water Law & Policy Reporter

November 2016

Volume 27, Number 2 November 2016

CALIFORNIA WATER NEWS

Department of Water Resources and the Bureau of Reclamation Conclude Case in Chief in California Waterfix Hearing Part 1a—Testimony and Evidence in Part 1b Comes Next35

REGULATORY DEVELOPMENTS

Water and Energy—U.S. Department of Energy and Department of the Interior Publish National Offshore Wind Strategy37

State Water Resources Control Board Releases Proposed Phase I Update to Bay-Delta Plan, Calls for Higher Instream Flows in San Joaquin Ri-

ver39

State Water Resources Control Board Releases Draft Report on Regulating Direct Potable Reuse of Recycled Water41

Department of Water Resources Completes First Round of Groundwater Basin Boundary Modifications under California’s Historic Groundwater Legislation42

LEGISLATIVE DEVELOPMENTS

Governor Brown Approves Assembly Bill 2551, which Broadens Public Contracting Options for Surface Water Storage Projects45

LAWSUITS FILED OR PENDING

Tribe Files Lawsuit against the Bureau and NMFS Alleging ESA and Magnuson-Stevens Act Violations Stemming from Operations of the Klamath Project47

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Extensive EPA Collection of Private Information for Clean Water Act Enforcement Shielded from FOIA Disclosure by Eighth Circuit49

American Farm Bureau Federation v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 15-1234 (8th Cir. Sept. 9, 2016).

District Court:

District Court Upholds Nestlé Waters’ Right to Continue Water Diversions on U.S. Forest Service

Land51

Center For Biological Diversity v. U.S. Forest Service, ___F.Supp.3d___, Case No. EDCV152098JGBDTBX (C.D. Cal. Sept. 20, 2016).

District Court Rejects Endangered Species Act Challenge against the Hetch-Hetchy Water and Power Project53

Center For Environmental Science Accuracy and Reliability, et al., v. National Park Service, et al, ___F.Supp.3d___, Case No. 1:14-cv-02063-LJO-MJS (E.D. Cal. Aug. 30, 2016).

District Court Holds Port District May Proceed with Claims against Monsanto Related to PCBs in San Diego Bay55

San Diego Unified Port District, et al. v. Monsanto Co., et al., ___F.Supp.3d___, Case No. 15-cv-578-WHQ-JLB (S.D. Cal. Sept. 28, 2016).

RECENT STATE DECISIONS

Superior Court:

Superior Court Rules State Water Resources Control Board Has Authority under Public Trust Doctrine to Regulate Groundwater Pumping58

Environmental Law Foundation et al. v. State Water Resources Control Board and County of Siskiyou, Case No. 34-2010-80000583 (Sacramento Super Ct. Aug. 22, 2016).