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California Water Law & Policy Reporter

April 2018

Volume 28, Number 7 April 2018


U.S. Army Corps and EPA Delay Implementation of Controversial Rule Defining ‘Waters of the United States’ under the Clean Water Act187


Department of Water Resources Releases Progress Report on Water Data Delivery and Transparency Efforts189

State Water Resources Control Board Contemplating Formation of New

Joint Powers Authority to Assist with Stormwater Management in



New State Law to Require Annual Dam and Reservoir Inspections in California193


Interstate Compact Litigation Update—U.S. Supreme Court Holds Federal Government May Pursue Claims That New Mexico Has Violated the Rio Grande Compact195


Court of Appeal:

Second Circuit Holds State Water Commission to Strict One-Year Review Period for Water Quality Certifications under the Clean Water Act197

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 17-3770 (2nd Cir. Mar. 12, 2018).

District Court:

District Court Rules that Final EIS/EIR and Biological Opinion for Water Transfers Did Not Fully Comply with NEPA, CEQA and the ESA199

AquAlliance v. U.S. Bureau of Reclamation, et al., ___F.Supp.3d___, Case No. 1:15-cv-754-LJO-BAM (E.D. Cal. Feb. 15, 2018).

District Court Holds It Can Hear an Action against EPA’s Denial of a Clean Water Act Petition in the First Instance201

Blue Water Baltimore, Inc. v. Pruitt, ___F.Supp.3d___, Case No. GLR-17-1253 (D. Md. Feb. 05, 2018).


District Court of Appeal:

Third District Court Reverses Trial Court Ruling that State Water Board Regulations Used to Calculate Water Right Fees Were an Unconstitutional


Northern California Water Association, et al. v. State Water Resources Control Board, et al., Case No. ___Cal.App.5th___, 03C201776 (3rd Dist. Mar. 2, 2018).

First District Court Finds Reasonable Use Determination Requires Consideration of All Competing Water Users205

Santa Barbara Channelkeeper v. City of San Buenaventura, 19 Cal.App.5th 1176 (1st Dist. 2018).

Superior Court:

Superior Court Finds State Water Board Exceeded Its Authority in Attempting to Curtail Senior Water Users206

California Water Curtailment Cases, Coor. Case No. 4838, filed Feb 20, 2018 (Santa Clara County Super. Ct.).

Superior Court Denies Request to Enjoin California WaterFix Change Petition Hearing Due to Alleged Unlawful Ex Parte Communications209

County of Sacramento, et al. v. State Water Resources Control Board, Case No. 34-2018-80002812, filed Feb. 27, 2018 (Sacramento County Super. Ct.).