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California Water Law & Policy Reporter

February 2024

Volume 34, Number 5 February 2024


Environmental Groups Issue Clean Water Act 60-day Notice to Veolia

Water North America-West and the International Boundary and Water Commission97

New MOU entered for Columbia River Basin Salmon Recovery Efforts—Proposes to Stay Long Term Litigation Until 202899


State Water Resources Control Board Initiates Probationary Hearings under SGMA for Inadequate Groundwater Sustainability Plans101

State Water Resources Control Board Re-Adopts Emergency Regulations for the Shasta and Scott Rivers of the Klamath River Watershed102

Direct Potable Water Reuse Regulations Adopted for Treating Wastewater into High Quality Drinking Water in California104


SF Baykeeper Files Suit Against the Fish and Wildlife Service Seeking ESA Listing of the Longfin Smelt106


Circuit Court of Appeals:

Tenth Circuit Reverses $500,000 Clean Water Act Penalty After Incomplete Application of Maui Factors by the District Court108

Pamela Stone et al. v. High Mountain Mining Co. LLC et al., ___F.4th___, Case No. 22-1340 (10th Cir., Jan. 3, 2024).

District Court:

District Court Rules U.S. Could Allocate Zero Acre-Feet to Drainage District and District Breached Its Federal Contract by Diverting Water under State Permit110

United States of America v. Klamath Drainage District, ___F.Supp.4th___, Case No. 1:22-cv-00962-CL (D. Or. Sept. 11, 2023).


District Court of Appeal:

First District Court Upholds Injunction and Penalty Order for Unpermitted Conversion of Marsh Area for Kiteboarding Facility112

People ex rel. San Francisco Bay Conservation and Development Commission v. Sweeney, Unpub., Case No. A166565 (1st Dist. Dec. 8, 2023).

Superior Court:

Kern County Superior Court Modifies a Previous Injunction Governing Kern River Water to Limit Bakersfield’s Diversions114

Bring Back the Kern v. City of Bakersfield, Ruling on Motion for Preliminary Injunction, Dec. 27, 2023, Case No. BCV-22-103220 (Kern Super. Ct.).