FEATURE ARTICLE
Local Water Traversing Forest Service Lands: What’s Mine Is Not Yours! by Wesley A. Miliband, Esq., Stoel Rives LLP, Sacramento, California63
REGULATORY DEVELOPMENTS
Has the Cadiz Project Been Resurrected?69
State Water Resources Control Board Adopts Order on Long-Term Management of the Salton Sea70
State Water Resources Control Board Releases Final Scientific Basis Report for Phase II Update of the Bay-Delta Plan71
State Water Resources Control Board Opens Rulemaking Process on Permanent Statewide Prohibition of Wasteful Water Use Practices73
LEGISLATIVE DEVELOPMENTS
U.S. Senate Bill 1770 Addresses Federal Tribal Water Rights in Ari-
zona75
State Assembly Bill 589—Modified Water Diversion Measurements—Approved by Governor Brown76
LAWSUITS FILED OR PENDING
U.S. Supreme Court Considers Certiorari Order in Agua Caliente Case Regarding Existence of Federal Reserved Right to Groundwater78
Lawsuit Filed in U.S. District Court Seeks Determination that Colorado River Ecosystem is a ‘Person’ Capable of Possessing Water Rights80
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Addresses and Clarifies RCRA Section 1006’s Anti-Duplication Provision and Its Impact on Enforcement Actions83
Ecological Rights Foundation v. Pacific Gas & Electric Company, ___F.3d___, Case No. 15-15424 (9th Cir. Nov. 2, 2017).
Ninth Circuit Reverses Decision Allocating All CERCLA Response Costs in Water and Land Contamination to Military Contractor85
TDY Holdings, LLC v. U.S., ___F.3d___, Case No. 15-56483, (9th Cir. Oct. 4, 2017).
District Court:
District Court Applies Discretionary Function Exception—Dismisses Claims under Federal Tort Claims Act for lack of Subject Matter Jurisdiction in Groundwater Contamination Case87
City of Lincoln. v. U.S., et al, ___F.Supp.3d___, Case No. 2:16-cv-1164-KJM-AC (E.D. Cal Sept. 25, 2017).
District Court Determines in Jemez River Adjudication that New Mexico Indian Pueblos Have No Aboriginal Water Rights89
United States on behalf of Pueblos of Jemez v. Abousleman, ___F.Supp.3d___, Case No. 83-cv-1041 MV/WPL (D. N.M. Sept. 30, 2017).
