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California Water Law & Policy Reporter

February 2021

Volume 31, Number 5 February 2021


Environmental Justice in General Plans: Strategic Considerations by Michele A. Staples, Esq., Jackson Tidus, A Law Corporation, Irvine, California117


Settlement Agreement and Federal Funding Move Friant-Kern Canal Project Out to Bid123

City of Antioch Awards $87 Million Contract for New Desalination


New Pumped-Storage Project Proposed at Kern County’s Lake Isa-



Congress Passes Consolidated Appropriations Act, HR 133, Which Includes Funding for Several California Water Projects127


EPA Finalizes Guidance on Implementation of U.S. Supreme Court’s ‘Functional Equivalent’ CWA Test in the Maui Case for Discharges to Groundwater that Reach Surface Waters130

State Water Resources Control Board Provides Comments on ‘Critically Overdrafted’ Basin Groundwater Sustainability Plans131


U.S. Supreme Court:

U.S. Supreme Court Upholds Decision to Credit New Mexico for Evaporation Loss for Water Stored by New Mexico for Texas under the Pecos River Compact134

Texas v. New Mexico, ___U.S.___, 141 S.Ct. 509 (2020).

Circuit Court of Appeals:

Eleventh Circuit Finds Mere Allegations of a Hydrological Connection Are Insufficient for a Criminal Conviction under the Clean Water Act135

United States v. Coleman, Unpub., Case No. 19-15127 (11th Cir. Dec 21, 2020).

District Court:

Monsanto PCB Clean Water Act Class Action Settlement Rejected by the District Court137

City of Long Beach v. Monsanto Company, et al., ___F.Supp.3d___, Case No. CV 16-3493 FMO (C.D. Cal. Nov. 25, 2020).


District Court of Appeal:

Fifth District Court Reverses Denial of Writ of Mandate Challenging Water Board Administrative Penalties Without Consideration of Certain Defen-


Malaga County Water District v. State Water Resources Control Board, ___Cal.App.5th___, Case No. F075868 (5th Dist. Dec. 10, 2020).

First District Court Holds Regional Water Board, Acting as Responsible Agency under CEQA, Could Impose Additional Mitigation Measures under the Porter-Cologne Act141

Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board, 59 Cal.App.5th 199 (1st Dist. 2020).

Superior Court:

Superior Court Limits Reach of Recent Water Quality Control Plan Amendments143

San Joaquin Tributaries Authority v. State Water Resources Control Board, Sacramento Superior Court Case No. 34-2019-80003133 (Hearing Dec. 4, 2020; order filed Dec. 17, 2020).