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California Water Law & Policy Reporter

June 2023

Volume 33, Number 9 June 2023


SCOTUS Limits WOTUS: Jurisdictional Waters and Wetlands under the Clean Water Act Must Be Relatively Permanent, Standing, or Continuously Flowing Bodies of Water by Nicole Granquist, Esq. and Jaycee Dean, Esq., Downey Brand, LLP, Sacramento215


Carmichael Water District Seeks to Bolster Summertime Supplies with the Installation of its New La Sierra Aquifer Storage and Recovery Well220


National Marine Fisheries Service Maintains Endangered Listing Status for Southern California Steelhead222

Department of Water Resources Approves 12 Groundwater Sustainability Plans for Non-Critically Overdrafted Basins223


Circuit Court of Appeals:

Fourth Circuit Requires Discharger to Renew NPDES Permits under General Compliance Requirements in Consent Decree226

United States of America v. Southern Coal Corporation, 64 F.4th 509 (4th Cir. 2023).

District Court:

District Court Reduces Attorney’s Fees Award in Clean Water Act Citizen Suit227

Conservation Law Foundation, Inc. v. Mason, ___F.Supp.4th___, Case No. 1:18-cv-00996-PB (D. N.H. Apr. 26, 2023).


District Court of Appeal:

Third District Court Affirms DWR’s Environmental Impact Report as Legally Adequate Under


County of Butte v. California Department of Water Resources, Cal.App.5th 147 (3rd Dist. 2023).

Third District Court Upholds State Water Board’s Order Authorizing Agricultural Discharges in California’s Central Valley232

Environmental Law Foundation, et al. v. State Water Resources Control Board, et al., ___Cal.App.5th___, Case No. C093513 (3rd Dist. 2023).

Fifth District Court Orders Vacating Order of Prejudgment Possession Sought by an Investor-Owned Public Utility—Holds Public Utility Was Not Required to Comply with CEQA235

Robinson v. Superior Court of Kern County, 88 Cal.App.5th 1144 (5th Dist. 2023).