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California Water Law & Policy Reporter

March 2017

Volume 27, Number 6 March 2017


President Trump Signs Executive Orders to Advance the Keystone XL and Dakota Access Pipelines151

Governor Brown Declares State of Emergency for Several Counties Seeking Federal Assistance to Repair Damage Caused by Severe Winter


Preparing for Sustainable Groundwater Management: A Review of Groundwater Recharge154

In the Midst of a Wet Winter, the Drought Is Still Guiding California Land Use Law156


U.S. Fish and Wildlife Service Seeks Greater Influence with New Endangered Species Act Compensatory Mitigation Policy158

Department of Water Resources Releases Draft Report on Water Available for Replenishment159

State Water Resources Control Board Extends Emergency Conservation Regulations Despite Improved Surface Water Supply Conditions160


Congress Passes ‘Waters Infrastructure Improvements for The Nation’ Act, Promises to Support California Water Agencies163


Circuit Court of Appeals:

Second Circuit Joins the Eleventh Circuit in Upholding EPA’s ‘Water Transfers Rule’164

Catskill Mountains Chapter of Trout Unlimited, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1823 (2nd Cir. Jan. 18, 2017).

Fourth Circuit Holds Federal Clean Water Act Permit Does Not Shield Permittee from Liability for Violation of State Water Quality Standards166

Ohio Valley Environmental Coalition v. Fola Coal Co., LLC, ___F..3d___, Case No. 16-1024 (4th Cir. Jan. 4, 2017).

District Court:

District Court Grants Injunction against Klamath River Project after Finding Bureau of Reclamation Failed to Reinitiate Consultation under the


Hoopa Valley Tribe v. National Marine Fisheries Service, et al., ___F.Supp.3d___, Case No. 16-4294 (N.D. Cal. Feb. 8, 2017); Yurok Tribe v. U.S. Bureau of Reclamation, et al., ___F.Supp.3d___, Case No. 16-6863, (N.D. Cal. Feb. 8, 2017).

District Court Denies Motion to Dismiss Clean Water Act Suit Seeking EPA Review of Temporary Changes to CVP and State Water Project Per-


Natural Resources Defense Council, et al. v. Gina McCarthy, et al. ___F.Supp.3d___, Case No. 16-cv-02184-JST (N.D. Cal. Feb. 7, 2017).


District Court of Appeal:

Third District Court Rejects as ‘Unfair’ ‘Wheeling Rates’ for Third-Party Agencies Based on Strict Pro Rata Allocations for System-Wide Costs174

Central San Joaquin Water Conservation Dist. v. Stockton East Water District, ___Cal.App.5th___, Case No. C072218 (3rd Dist. Jan, 25, 2017).