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California Water Law & Policy Reporter

August/September 2018

Volume 28, Number 11 August/September 2018

CALIFORNIA WATER NEWS

Proposed Project to Increase Hoover Dam Power Production via Solar and Wind Energy in Its Early Stages303

California’s Emerging Groundwater Markets as an Outgrowth of the Sustainable Groundwater Management Act Implementation304

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Asserts California Bay-Delta Amendments May Interfere with Federal Central Valley Project Operations306

California Water Commission Awards $2.5 Billion for New Water Storage Projects307

2018 Has Been an Active Year for the State Water Resources Control Board Approving Water Transfers309

LAWSUITS FILED OR PENDING

Cross-Border U.S.-Mexico Sewage Pollution Claim Makes Its Way to Federal Court312

RECENT FEDERAL DECISIONS

U.S. Supreme Court:

U.S. Supreme Court Requires Washington State to Remove Hundreds of Culverts that Impede Salmon315

Washington v. United States, ___U.S.___,138 S.Ct. 1832 (2018).

Circuit Court of Appeals:

EPA’s Section 316(B) NPDES Rule for Cooling Water Intake Structures Upheld by Second Circuit317

Cooling Water Structure Intake Coalition, et al., v. U.S. Environmental Protection Agency, et al, ___F.3d___, Case No. 14‐4645 (2nd Cir. July 23, 2018).

Seventh Circuit Finds Jurisdictional Determination Unsupported by Record Where Corps of Engineers Failed to Include Wetlands Inventory Map or Site-Specific Data319

Orchard Hill Building Co. v. U.S. Army Corps of Engineers, 893 F.3d 1017 (7th Cir. 2018).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Second District Court Finds Granting Well Permit Is a Ministerial Act, Exempt from CEQA322

California Water Impact Network v. County of San Luis Obispo, ___Cal.App.5th___, Case No. B283846 (2nd Dist. June 28, 2018).

Fifth District Court Rejects Environmental Group’s Efforts to Drain Hetch Hetchy Reservoir and Restore Hetch Hetchy Valley323

Restore Hetch Hetchy v. City and County of San Francisco, ___Cal.App.5th___, Case No. F074107 (5th Dist. Aug. 1, 2018).