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California Water Law & Policy Reporter

June 2019

Volume 29, Number 9 June 2019

FEATURE ARTICLE

U.S. Supreme Court to Weigh in on Decades Old Debate As to Whether Discharges of Pollutants to Groundwater Hydrologically Connected to Surface Waters Require a Clean Water Act Permit by Nicole E. Granquist, Esq. and Meghan Quinn, Esq., Downey Brand, LLP, California231

CALIFORNIA WATER NEWS

Governor Newsom Issues Executive Order for a State Water Policy

Reboot237

Early Release of Aggressive Groundwater Sustainability Plan for Critically

Overdrafted Borrego Basin Sets Stage for SGMA Implementation238

Imperial Irrigation District Proposes Easement Agreement Related to Salton Sea Habitat Restoration241

LEGISLATIVE DEVELOPMENTS

California Assembly Bill 658 Seeks Groundwater Storage to Be a ‘Beneficial Use’243

REGULATORY DEVELOPMENTS

EPA Issues Interpretive Statement on Application of the Clean Water Act to Point Source Discharges to Groundwater245

California Department of Water Resources Announces Phase 2 Draft Basin Prioritization247

California State Water Board Releases New Information and Resources to Assist with SGMA Implementation248

LAWSUITS FILED OR PENDING

Superior Court Coordinates Eleven Cases Challenging the State Water Resources Control Board’s Approval of Amendments to the Bay-Delta

Plan252

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Revives Environmental Groups’ NEPA Challenge to Department of Agriculture’s Gray Wolf Killing Policy254

Western Watersheds Project et al. v. Todd Grimm et al., ___F.3d___, Case No. 18-35075 (9th Cir. Apr. 23, 2019).

District Court:

District Court Finds Federal Government Waived Sovereign Immunity for Negligent Responses to Flint Water Crisis256

Burgess v. United States, ___F.Supp.3d___, Case Nos. 17-11218, 18-10243 (E.D. Mich. Apr. 18, 2019).