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California Water Law & Policy Reporter

February 2017

Volume 27, Number 5 February 2017


Let’s Get Physical—Water Rights, Takings, and the Endangered Species Act

By Austin Cho, Esq., Downey Brand LLP, Sacramento, California123


California’s General Water Supply Is Currently above Average129


U.S. Bureau of Reclamation and California Department of Water Resources Release Final Environmental Documents for the California WaterFix Pro-


Secretary of the Interior Issues Order to Protect California from the Effects of Drought and Climate Change132

California Department of Water Resources Publishes Best Management Practices and Guidance for Sustainable Groundwater Management134

California Department of Water Resources Reduces Carbon Footprint of the State Water Project by Purchasing Solar Power137

California Department of Water Resources Releases Interim Update of Bulletin 118 to Aid Timely Implementation of the Sustainable Groundwater Management Act138


District Court:

District Court Finds Mississippi Numerical Water Quality Standards Are Not Compelled by the Clean Water Act141

Gulf Restoration Network v Jackson, ___F.Supp.3d___, Case No. 12-677 (E.D. La. Dec 15, 2016).

District Court Finds RCRA Does Not Create a Private Right to Recover Damages in Soil and Groundwater Contamination Case143

Hollingsworth v. Hercules, Inc., ___F.Supp.3d___, Case No. 2:15-CV-113-KS-MTP (S.D. Miss. Dec. 22, 2016).


Supreme Court:

California Supreme Court Limits Reach of the Public Records Act145

Los Angeles County Board of Supervisors v. Superior Court, ___Cal.5th___, Case No. S226645 (Cal. Dec. 29, 2016).

Superior Court:

City of Clovis Wins $22 Million Verdict against Shell Oil Co. over Contaminated Water—More Suits Likely to Follow147

City of Clovis v. Shell Oil Co., Case No. CGC946617, (Fresno Super. Ct. Dec. 21, 2016).