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California Water Law & Policy Reporter

May 2023

Volume 33, Number 8 May 2023


Biden Administration Announces $300 Million In Bipartisan Infrastructure Law Spending Towards California Water Infrastructure183

Governor Newsom Issues Executive Order Terminating Provisions of Prior Drought Emergency Proclamations and Executive Orders185

Napa County Groundwater Pumping Exceeded Sustainable Yield in Water Year 2022186




Federal Open Access Evapotranspiration Data Act in Congress Proposes Significant Updates to Water Measurement and Management191


EPA Proposes First-Ever Enforceable Nationwide Primary Drinking Water Standards for PFAS193

U.S. Bureau of Reclamation Releases Supplemental Environmental Impact Statement on Colorado River Operations at Lake Mead and Lake Powell194

California Department of Water Resources Spells out Next Steps for Inadequate Groundwater Sustainability Plans at State Water Board Meeting196

California Water Commission Receives Status Update on Multi-Benefit Land Repurposing Program198


Circuit Court of Appeals:

Fourth Circuit Upholds Virginia’s Clean Water Act 401 Permit for Natural Gas Pipeline200

Sierra Club v. State Water Control Board, 64 F.4th 187 (4th Cir. Mar. 29, 2023).

District Court:

District Court Awards Defendants their Costs in the Gold King Mine Release201

In re Gold King Mine Release in San Juan County, Colorado, ___F.Supp.4th, Case No. 18-CV-744-WJ-KK (D. N.M. Feb. 21, 2023).

Court of Federal Claims:

Court of Federal Claims Partially Grants Motion

to Impose Sanctions for Spoliation of Evidence Relating to Clean Water Act Permitting of Waste


United Affiliates Corp. v. United States, 164 Fed. Cl. 565, 571 (Feb. 28, 2023).


District Court of Appeal:

Third District Court Upholds State Water Resources Control Board’s General Waste Discharge Requirements in WQO 2018-0002205

Environmental Law Foundation v. State Water Resources Control Board, Case No. C093513, ___Cal.App.5th___, 305 Cal.Rptr.3d 862 (3rd Dist. 2023).

First District Court Holds Inverse Claim for Alleged Failure of Subdivision Drainage Improvements Not Accepted by the County207

Shenson v. County of Contra Costa, ___Cal.App.5th___, Case No. A164045 (1st Dist. Mar. 30, 2023).