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California Water Law & Policy Reporter

December 2017

Volume 28, Number 3 December 2017


Local Water Traversing Forest Service Lands: What’s Mine Is Not Yours! by Wesley A. Miliband, Esq., Stoel Rives LLP, Sacramento, California63


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


U.S. Senate Bill 1770 Addresses Federal Tribal Water Rights in Ari-


State Assembly Bill 589—Modified Water Diversion Measurements—Approved by Governor Brown76


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


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).