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California Water Law & Policy Reporter

February 2022

Volume 32, Number 5 February 2022

FEATURE ARTICLE

California Supreme Court Address ‘Issue Exhaustion’ Finding It is Not Always a Prerequisite to Seeking Judicial Review under Proposition 218 by Bridget McDonald, Esq., Remy Moose Manley, LLP, Sacramento109

CALIFORNIA WATER NEWS

Arizona Takes Steps under Colorado River Plan to Support Lake Mead

Levels114

Sites Project Authority and U.S. Bureau of Reclamation Issue Revised

Environmental Documents for the Sites Reservoir Project116

Causes of Low Winter-Run Chinook Egg Survival Rate Debated by Ex-

perts117

LEGISLATIVE DEVELOPMENTS

California to Receive Extensive Benefits from Federal Infrastructure Investment and Jobs Act120

REGULATORY DEVELOPMENTS

U.S. Army Corps of Engineers Reissues and Modifies New Clean Water Act Section 404 Nationwide Permits122

U.S. Bureau of Reclamation and DWR Withdraw Temporary Urgency Change Petition to Modify Delta Flow and Water Quality Requirements124

California State Water Board and DWR Release Report Outlining New Groundwater Management Principles and Strategies for Drinking Water126

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Grants Clean Water Act Petition for Review and Remands National Pollutant Discharge Elimination System Permit128

Food & Water Watch v. U.S. Environmental Protection Agency, 20 F.4th 506 (9th Cir. 2021).

RECENT CALIFORNIA DECISIONS

Court of Appeal:

First District Court Holds State Water Board Process of Granting Domestic Use Registrations are ‘Ministerial’ and Exempt from CEQA130

Mission Peak Conservancy v. State Water Resources Control Board, 72 Cal.App.5th 873 (1st Dist. 2021).