FEATURE ARTICLE
Third District Court of Appeal Finds California Department of Water Resources Did Not Violate CEQA In Approving Amendments to State Water Project Contracts by Bridget McDonald, Esq., with Adam Nir, Remy Moose Manley, LLP, Sacramento119
CALIFORNIA WATER NEWS
California Legislative Analyst’s Office Report Deems Proposed “Make
Conservation a California Way of Life” Regulations Problematic124
Governor Gavin Newsom’s Office Releases Comprehensive Salmon Strategy for California126
Hanford City Council, in the Face of Insufficient Opposition Petitions, Approves New Water Rate Structure Pursuant to Proposition 218128
REGULATORY DEVELOPMENTS
Department of Water Resources Determines Seven Basin Plans Incomplete in Final Review of Groundwater Sustainability Plans129
State Water Resources Control Board Again Addresses Instream Flow Concerns in Scott and Shasta River through Emergency Rulemaking131
LAWSUITS FILED OR PENDING
Multiple Lawsuits Filed Challenging California Department of Water
Resources’ Environmental Impact Report for the Delta Conveyance
Project133
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Court Affirms Dismissal of Clean Water Act and Endangered Species Act Claims135
Kelly v. City of Poway, Unpub., Case No. 22-55920 (9th Cir. Dec. 19, 2023).
Tenth Circuit Requires More Rigorous Review to Determine When Seepage into Groundwater Is a Clean Water Act Discharge136
Stone v. High Mountain Mining Company, 89 F.4th 1246 (10th Cir. 2024).
RECENT CALIFORNIA DECISIONS
Superior Court:
Sacramento Superior Court Rules Department of Water Resources Lacked Authority to Issue Bonds for Delta Tunnel139
Sierra Club v. Department of Water Resources, Case No. 34-2020-80003517 (Sac. Super. Ct. Jan. 16, 2024).
