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California Water Law & Policy Reporter

October 2023

Volume 34, Number 1 October 2023


The Supreme Court Rejects the Navajo Nation’s Breach of Trust Claim for Water by Miles Krieger, Esq., Best Best & Krieger, LLP, Riverside,



California Senate Bill 756 Gives State Water Resources Control Board Additional Authority over Unlicensed Cannabis Cultivation Sites7

California State Assembly Approves AB 1572 to Ban Use of Potable Water on Non-Functional Turf Beginning in 20278


‘Waters of the United States’ Redefined—EPA and the Corps Issue Conforming WOTUS Rule in Wake of the Sackett Decision Narrowing the ‘Reach’ of the Clean Water Act10

EPA Agrees to Investigate First-Ever Title VI Claim Stemming from the State Water Board’s Actions on the Bay-Delta Plan12

U.S. Bureau of Reclamation Receives Scoping Comments on Post-2026 Colorado River Operations13

California Department of Water Resources Releases Guidance on Groundwater Rechareg15

State Water Resources Control Board Issues Proposed Regulations for Implementation of Direct Potable Reuse in California Water Systems17

New California Water Conservation Rules from the State Water Board Herald Big Changes for Water Suppliers19


U.S. EPA Enters into Settlement Agreement to

Further Assess Pesticide Risks to Threatened and

Endangered Specise21


Circuit Court of Appeals:

Fourth Circuit Applies the Major Questions Doctrine to Limit the Scope of the Clean Water Act23

North Carolina Coastal Fisheries Reform Grp. v. Capt. Gaston LLC, 76 F.4th 291 (4th Cir. Aug. 7, 2023).

District Court:

District Court Dismisses Groundwater PFAS Complaint Seeking to Halt Onshore Trenching for Lack of Standing24

Mahoney v. United States Department of the Interior, ___F.Supp.4th___, Case No. 22-CV-1305 (E.D. N.Y. July 17, 2023).

District Court Dismisses Claim that 2018 Amendments to the Bay-Delta Plan Discriminate Against the U.S. Bureau of Reclamation26

U.S. v. State Water Resources Control Board, et al., ___F.Supp.4th___, Case No. 2:19-cv-000547-JLT-EPG (E.D. Cal, Aug. 30, 2023).