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California Water Law & Policy Reporter

June 2021

Volume 31, Number 9 June 2021

CALIFORNIA WATER NEWS

Governor Newsom Issues Drought Proclamations233

LEGISLATIVE DEVELOPMENTS

Water Project Streamlined Improvements Bill Advances through California Legislature235

Proposed Legislation Would Allow California Groundwater Basins to Request an Extension for the Deadline to submit Groundwater Sustainability

Plans236

California Assembly Bill Seeks to Heighten Water Conservation Efforts by Decreasing Urban Water Use Objectives for Indoor Residential Water

Use237

REGULATORY DEVELOPMENTS

California Department of Water Resources Awards Millions in Grant Funding for Sustainable Groundwater Management Grant Program239

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Revives Navajo Nation Trust Claim Based on Unquantified Colorado River Rights241

Navajo Nation v. U.S. Department of the Interior, ___F.3d___, Case No. 19-17088 (9th Cir. Apr. 28, 2021).

District Court:

U.S. Army Corps of Engineers’ Clean Water Act Section 408 Requirements Upheld by the District Court243

Russellville Legends, LLC v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. 4:19-CV-00524-BSM (E.D. Ark. Mar. 31, 2021).

District Court Finds Congressional Authorization Limits Dam Management and Does Not Allow Discretionary Releases for Species Management245

San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District, ___F.Supp.3d___, Case No. CV-19-08696 (C.D. Cal. April 15, 2021).

RECENT CALIFORNIA DECISIONS

District Court of Appeal:

Third District Court Upholds Supplemental EIR Prepared by State Lands Commission Pursuant to CEQA for Lease Amendment Pertaining to Desalination Plant247

California Coastkeeper Alliance v. State Lands Commission, ___Cal.App.5th___, Case No. C088922 (3rd Dist. Apr. 8, 2021).

Second District Court Upholds Multi-Million Dollar Penalty against Homeowner Blocking Public Access to the Coast249

Lent v. California Coastal Commission, 62 Cal.App.5th 812 (2nd Dist. 2021).

Superior Court:

Orange County Superior Court Approves Stipulated Judgment in the Borrego Valley Groundwater Adjudication250

Borrego Water District v. All Persons Who Claim A Right To Extract Groundwater in the Borrego Valley Groundwater Subbasin No. 7.024-1 Whether Based On Appropriation, Overlying Right, Or Other Basis of Right, et al., Case No. 37-2020-00005776 (Orange County Super Ct. Apr. 8, 2021).