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California Water Law & Policy Reporter

November 2022

Volume 33, Number 2 November 2022


Metropolitan Water District Projects 2023 Water Demands Will Exceed Available Supplies from the Colorado River and the California State Water Project31


Federal Draft Water Infrastructure Bill Introduced Which Aims to Improve California Central Valley’s Long-Term Water Supply and Regulatory



California Department of Water Resources Announces Steps to Support California in Water Conservation Efforts amid Severe Drought and Future Climate Change35

Central Valley Irrigated Lands Regulatory Program Sees Significant Up-



Circuit Court of Appeals:

Ninth Circuit Holds that Native Alaskan Tribe Has an Implied Right to Fish Off the Tribe’s Reservation38

Metlakatla Indian Community v. Dunleavy, 48 F.4th 963 (9th Cir. 2022).

Ninth Circuit Reverses District Court by Finding Congressional Authorization Allows Discretionary Releases from Twitchell Dam for Species Protec-


San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District et al., 49 F.4th 1242 (9th Cir. 2022).

Tenth Circuit Refuses Exclusive Jurisdiction on FERC-Licensed Project Because Petition, Instead, Challenged the Corps’ Section 404 Permit41

Save the Colorado, et al. v. Spellmon, et al., ___F.4th___, Case No. 21-1155 (10th Cir. Sept. 30, 2022).

Ninth Circuit Affirms Judgment for Fish and Wildlife Service Based on Claim Preclusion in a Challenge under the Endangered Species Act43

Save the Bull Trout v. Williams, ___F.4th___, Case No. 21-35480 (9th Cir. Sept. 28, 2022).

Third Circuit Affirms Dismissal of Clean Water Act Citizen Suit for Insufficient Pre-suit Notice Written by Attorney45

Shark River Cleanup Coalition v. Township of Wall, 47 F.4th 126 (3rd Cir. Aug. 24, 2022).

District Court:

District Court Vacates Cadiz Pipeline Rights-Of-Way Following BLM’s Reconsideration of Applica-


Center for Biological Diversity, et al. v. U.S. Bureau of Land Management, et al., ___F.Supp.4th___, Case No. CU-21-2507 (S.D. Cal Sept. 13, 2022).

District Court Rejects Takings Claim Brought by Developers Stemming from Their Rejection of Application for Water and Sewer Services48

Windeler v. Cambria Community Services District, ___F.Supp.4th___, Case No. CV 19-6325 DSF (C.D. Cal. Sept. 6, 2022).


Court of Appeal:

First District Court Upholds Coastal Commission’s Finding That Fee-To-Trust Land Transfer between Federal Government and Tribe Was Consistent with the Coastal Act51

Humboldt Alliance for Responsible Planning v. California Coastal Commission, Unpub., Case No. A162602 (1st Dist. Sept. 16, 2022).