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California Water Law & Policy Reporter

February 2020

Volume 30, Number 5 February 2020

CALIFORNIA WATER NEWS

Conserved Water and California Water Code Section 1011: Incentivizing Conservation through the Protection of Water Rights111

LEGISLATIVE DEVELOPMENTS

Federal Water Development Appropriations Bill Provides Funding for California Water Projects113

REGULATORY DEVELOPMENTS

U.S. Bureau of Land Management Opens the Door to Fracking on Federal Land in Central California115

California State Agencies Release 2020 Water Resilience Portfolio in Response to Governor’s Executive Order116

LAWSUITS FILED OR PENDING

Environmental Groups Sue Federal Agencies over Recent Delta Biological Opinions119

Environmental and Fishing Organizations Challenge Approval of Grasslands Bypass Project under State and Federal Law121

Natural Resources Defense Council Files Suit against Various Municipalities for Failure to Comply with California Water Regulations123

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Sixth Circuit Finds Citizen-Suit Notice of Intent Omitting a Date-Certain for Alleged CWA Reporting Violation Legally Adequate125

Cooper v. Toledo Area Sanitary District, ___F.3d___, Case No. 19-3216 (6th Cir. Dec. 17, 2019).

District Court:

Court of Federal Claims Finds U.S. Government Liable for Upstream Flooding Caused By Dam During Tropical Storm Harvey127

In re Upstream Addicks and Barker Flood-Control Reservoirs, ___F.Supp.3d___, Case No. 17-9001L (Fed. Cl. Dec. 17, 2019).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Sixth District Court Declines to Address Future Prescription in Appeal to Santa Maria Groundwater Adjudication130

City of Santa Maria v. Adam, 43 Cal.App.5th 152 (6th Dist. 2019).

Third District Court Upholds Denial of Writ Seeking to Set Aside Property Purchase in the Sacramento-San Joaquin Delta for Alleged CEQA Violation131

County of San Joaquin v. Metropolitan Water District of Southern California, Case No. C087640 (3rd Dist. Dec. 30, 2019).