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

California Water Law & Policy Reporter

February 2019

Volume 29, Number 5 February 2019


City of Santa Monica Remains Behind Schedule to Implement Landmark Water Independence Initiative119


U.S. Bureau of Reclamation and DWR Reach Agreements for Coordinated Operations of Central Valley Project and State Water Project121

Shasta Dam Project Update: Progressing through the CEQA and NEPA Regulatory Process123

DWR Approves Environmental Impact Report and Files Validation Action for State Water Project Contract Extension Amendments124

DWR Moves Forward on Salton Sea Habitat Conservation Project126

State Water Board Adopts Phase 1 of Bay-Delta Plan Update and Lawsuits Filed Challenging the Adoption127


California Supreme Court to Decide Whether Permits for Groundwater Wells Are Subject to CEQA129


Circuit Court of Appeals:

Industrial Activities and the Clean Water Act: Second Circuit Decision Helps Clarify What Activities May Require a Clean Water Act Per-


Sierra Club v. Con-Strux, LLC, ___F.3d___, Case No. 18-257 (2nd Cir. Dec. 17, 2018).

Ninth Circuit Finds Fish and Wildlife Service Could Not Withhold Some Draft Jeopardy Opinions from Disclosure Under FOIA Exemption133

Sierra Club, Inc. v. U.S. Fish and Wildlife Service, 911 F.3d 967 (9th Cir. 2018).

District Court:

District Court Addresses Clean Water Act Motions to Dismiss in International Boundary Water Pollution Dispute134

City of Imperial Beach v. International Boundary & Water Commission, ___F.Supp.3d___, Case No. 18CV457 JM (S.D. Cal. Dec. 11, 2018).

Rule Delaying Applicability of Revised Definition of ‘Waters of the United States’ Vacated by the District Court Due to Serious Procedural Errors136

Puget Soundkeeper Alliance v. Wheeler, ___F.Supp.3d___, Case No. C15-1342 (W.D. Wash. Nov. 26, 2018).


District Court of Appeal:

Environmental Group Wields CEQA in the District Court of Appeal to Strike Down Irrigation District’s Approval of Water Conservation Project139

Oakdale Groundwater Alliance v. Oakdale Irrigation District, Unpub., Case No. F076288 (5th Dist. Nov. 27, 2018).