FEATURE ARTICLE
Department of Water Resources’ Approval and Certification of EIR for California Waterfix Triggers an Onslaught of Legal Challenges—but Do
Petitioners’ Claims Hold Water? By Michael Duane Davis, Esq. and Paige H. Gosney, Esq., Gresham Savage Nolan & Tilden, P.C., San Bernardino, Califor-
nia3
REGULATORY DEVELOPMENTS
State Water Resources Control Board Will Begin Part 2 of California WaterFix Change Petition Hearing in January 20188
California Water Commission Announces 12 Final Applicants for $2.7 Billion Bond Earmarked for Water Storage Projects across the State9
LEGISLATIVE DEVELOPMENTS
California Senate Bill 623 Seeks to Fund Safe Drinking Water Supp-
lies11
Ambitious and Controversial Water Conservation Bills in California Fail to Advance, but Could Move Forward in 201813
LAWSUITS FILED OR PENDING
Ten States Urge U.S. Supreme Court to Review Ninth Circuit’s Decision in Agua Caliente Regarding Extension of Federal Reserved Water Rights to Groundwater16
Palo Verde Irrigation District Sues Metropolitan Water District over Leases Requiring Reduced Water Use on Agricultural Lands18
RECENT FEDERAL DECISIONS
District Court:
District Court Directs Additional Environmental Analysis on Proposed Southern Nevada Groundwater Project20
Center for Biological Diversity v. U.S. Bureau of Land Management et al, ___F.Supp.3d___, Case No. 2:14–cv–00226 (D. Nev.); White Pine County, et al v. U.S. Bureau of Land Management et al, ___F.Supp.3d___, Case No. 2:14–cv–00228 (D. Nev.).
District Court Dismisses Motion to Dismiss for Lack of Subject Matter Jurisdiction under the Clean Water Act’s Citizen Suit Provision22
Clean Water Action v. Searles Auto Recycling, Corp., ___F.Supp.3d___, Case No. 16-12067-NMG (D. Mass. Aug. 7, 2017).
District Court Denies Summary Judgment on Clean Water Act Citizen Suit as Discharge May Not Be Tied to City’s Conduct24
Kleinman v. City of Austin, ___F.Supp.3d___, Case No. 1:15-cv-497-RP (W.D. Tex. Aug. 18, 2017).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Fourth District Court Allows Water District Its Day in Court in Action Alleging Groundwater Contamination in the South Basin26
Orange County Water District v. Sabic Innovative Plastics US, LLC, et al., 14 Cal.App.5th 343(4th. Dist. 2017).
