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California Water Law & Policy Reporter

August/September 2017

Volume 27, Number 11 August/September 2017

FEATURE ARTICLE

California WaterFix: A Road Map by Austin C. Cho, Esq. and Meredith E. Nikkel, Esq., Downey Brand LLP, Sacramento, California295

REGULATORY DEVELOPMENTS

Will EPA and the U.S. Army Corps of Engineers Do the Two-Step with ‘Waters of the United States’ Revision?301

State Water Resources Control Board Publishes Final Draft for Proposed Rule Regarding New Wetlands Regulations, Permitting Procedures302

Prompted by the Oroville Dam Crisis, California Department of Water ResourcesOrders Inspection of Nearly 100 California Dams303

LEGISLATIVE DEVELOPMENTS

Governor Brown Signs Assembly Bill 321 Into Law—Farmers and Ranchers Now Considered Beneficial Users under the Sustainable Groundwater Management Act305

LAWSUITS FILED OR PENDING

Coalition of Organizations Brings Lawsuit Challenging State Water Resources Control Board’s Alleged Systematic Failure to Uphold Its Duty under State Water Quality Law307

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Develops New Multi-Factor Test In Regulatory Takings Analysis310

Murr v. Wisconsin, ___U.S.___, 137 S.Ct. 1933, (June 23, 2017).

District Court:

District Court Dismisses Challenge to Approval of State’s Integrated Report of Surface Water Quality as Moot312

Blue Water Baltimore v. Pruitt, ___F.Supp.3d___, Case No. 16-452 (D. D.C. July 18, 2017).

District Court Rejects Monsanto’s Counterclaims Seeking to Defray its PCB Contamination Responsibility under the CWA and CERCLA313

City of Spokane v. Monsanto Company, ___F.Supp.3d___, Case No. 2:15-CV-00201-SMJ (E.D. Wash. July 10, 2017).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

First District Court Rejects and Upholds Metropolitan Water District’s Component Water Rates316

San Diego County Water Authority v. Metropolitan Water District of Southern California, 12 Cal.App.5th 1124 (1st Dist. 2017), as modified on denial of reh’g, (July 18, 2017), review filed (July 31, 2017).

First District Court Orders Land Owner to Open Beach to Public Access318

Surfrider Foundation v. Martins Beach 1 LLC et al., ___Cal.App.5th___, Case Nos. Case No. A144268, A145176 (1st Dist. Aug. 9, 2017).