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California Water Law & Policy Reporter

May 2021

Volume 31, Number 8 May 2021


As the Climate Changes, So Will Natural Resource Damage Claims by Steve Goldberg, Esq., Darrin Gambelin, Esq. and Holly Tokar, Esq., Downey Brand, LLP, California207


Progress Continues with Senate Bill 223 As Residential Water Shut-Off Moratorium Nears Its End214

Association of California Water Agencies Seeks to Amend Proposed Legislation to Improve Water Affordability215


California Department of Water Resources Releases Draft Bulletin-118 Update 2020—Defining the State’s Groundwater Basins217

California Department of Water Resources Releases Final Drought Planning Report for Small and Rural Water Suppliers219


Circuit Court of Appeals:

Second Circuit Determines Clean Water Act, Section 401, Deadline Cannot Be Modified by Agreement222

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 19-1610 (2nd Cir. Mar. 23, 2021).


District Court of Appeal:

Fifth District Court Issues Two Opinions Affirming Judgment in Antelope Valley Groundwater Cases224

Antelope Valley Groundwater Cases, Case No. F082492 (5th Dist. Mar. 16, 2021); Antelope Valley Groundwater Cases, Case No. F082469, (5th Dist. Mar. 16, 2021), Published Apr. 14, 2021).

Sixth District Court finds Development Reliant on Groundwater Supplies Survives CEQA Chal-


Landwatch Monterey County v. County of Monterey, Unpub., Case No. H046932 (6th Dist. Mar. 29, 2021).

Superior Court:

Superior Court Finds L.A. Department of Water and Power Must Conduct Environmental Review Before Reducing Pastureland Allocations227

County of Mono v. City of Los Angeles, Case No. RG18-923377 (Alameda Super Ct. Mar. 8, 2021).