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California Water Law & Policy Reporter

January 2020

Volume 30, Number 4 January 2020

CALIFORNIA WATER NEWS

Metropolitan Water District of Southern California Offers to Settle Protracted Litigation with the San Diego County Water Authority Over Water Delivery Rate Challenges87

Pacific Gas and Electric Announces Settlement Agreement with Wildfire Victims, But Has More Work to Do88

One Nevada County Proposes the Novel Idea of Exporting Excess Flood-

waters89

Great Lakes Beaches Are Disappearing Due to Rising Water Levels91

REGULATORY DEVELOPMENTS

California Department of Water Resources Takes its First Look at Snowpack for 202093

California Department of Water Resources Issues Draft Environmental Impact Report for State Water Project Operations94

California Department of Water Resources Completes Groundwater Basin Prioritization Process96

Hydroelectric Project Seeks Water from Heavily Litigated Walker River Basin—Part of Project Will Use Renewable Energy Sources98

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Orders EPA to Regulate Water Temperature in Columbia and Snake Rivers to Protect Salmon and Trout100

Columbia Riverkeeper v. Wheeler, ___F.3d___, Case No. 18-35982 (9th Cir. Dec. 20, 2019).

Federal Circuit Determines CVP Restoration Fund Payments Must be Proportionately Assessed to Water and Power Customers101

Northern California Power Agency et al. v. U.S., ___F.3d___, Case No. 19-1010 (Fed. Cir. Nov. 6, 2019).

District Court:

District Court Holds U.S. Army Corps Is Not Obligated under the Clean Water Act or Other Laws to Dredge Channels on Annual Basis103

San Francisco Bay Conservation and Development Commission v. U.S. Army Corps of Engineers, et al., ___F.Supp.3d___, Case No. 16-cv-05420-RS (N.D. Cal. Nov. 4, 2019).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

First District Court Affirms Judgment Finding that Evidence Was Insufficient to Establish Implied Dedication at Martin’s Beach106

Friends of Martin’s Beach v. Martins Beach 1, LLC, Unpub., Case No. A154022 (1st Dist. Dec. 2019).