Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

California Water Law & Policy Reporter

May 2018

Volume 28, Number 8 May 2018


Lawsuit Invalidating Equitable Distribution Plan for Colorado River Water Prompts IID to Rescind the Plan—What about the Drought Contingency Plan to Protect Lake Mead?215

San Diego County Water Authority Initiates Private Arbitration Proceeding against Five Tribes to Recover Value of ‘Lost Sales’ Following Tribal Settlement Agreement216


President and U.S. Congress Approve $1.3 Trillion Spending Bill Including $20 Billion for Water219


State Water Resources Control Board Adopts Regulations Governing Use of Recycled Water for Surface Water Augmentation221

Central Valley Regional Water Quality Control Board Seeks Public Comments on Proposed Amendments to Central Valley Water Quality Control



Trump Administration Sues California over New State Law Related to the Sale of Federal Lands224

Center for Biological Diversity Sues to Compel Preparation of River Management Plans by BLM and the Forest Service225

Ventura County Landowners File Suit—Seek First-Ever Comprehensive Groundwater Basin Adjudication in the SGMA Era227


Circuit Court of Appeals:

Tenth Circuit Upholds Clean Water Act Violation and Imposition of Conservation Easement In Private Enforcement Action230

Benham v. Ozark Materials River Rock, LLC, ___F.3d___, Case No. 17-5069 (10th Cir. Mar. 22, 2018).

Second Circuit Holds State Agency Waived Its Authority to Provide Water Certification under the CWA for a Natural Gas Pipeline232

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

Fourth Circuit Rules Groundwater Discharge May Be Basis for Clean Water Act Citizen Suit on Well Pleaded Claim234

Upstate Forever v. Kinder Morgan Energy Partners, L.P., ___F.3d___, Case No. 17-640 (4th Cir. Apr. 12, 2018).

District Court:

Federal Claims Court finds United States Not Required to Exhaust Administrative Remedies under a
City’s Code to Challenge Stormwater Service


City of Wilmington, Delaware v. United States, ___F.Supp.3d___, Case No. 16-1691C (Ct. Fed Cl. Mar. 14, 2018).