CALIFORNIA WATER NEWS
Western U.S. States Miss Deadline Amid Colorado River Negotiations73
The Eastern Tule Groundwater Sustainability Agency Will Not Allocate Water or Charge Extraction Fees for 202674
LEGISLATIVE DEVELOPMENTS
California Senate Bill 72, A Bill to Modernize the California Water Plan and Advance Long-Term Water Supply Goas76
REGULATORY DEVELOPMENTS
U.S. EPA and the Department of the Army Offers Proposed Rule Redefining ‘Waters of the United States’78
New Endangered Species Act Rulemaking Being Proposed by the U.S. Fish and Wildlife Service and National Marine Fisheries Service79
California Department of Water Resources’ Conservative Opening to
the Water Year: The State Water Project’s Initial Allocation of Ten
Percent81
California State Water Board Recirculates Revised Draft Staff Report
and Substitute Environmental Document for Proposed Update to Bay Delta Plan82
LAWSUITS FILED OR PENDING
Due Process, Agency Power and the California Coastal Commission—State Lawsuit Filed Regarding Public Access to Coastal Areas85
RECENT CALIFORNIA DECISIONS
Supreme Court:
California Supreme Court Grants Leave to Amend Complaint to Remove Tax Assessment Claims and Retain Program Management/Facilitation Claims Without Requiring Pay-First-Litigate-Later Compliance87
Morgan v. Ygreene Energy Fund, Inc., ___Cal.5th___, Case No. S277628 (Cal. Dec. 4, 2025).
District Court of Appeal:
First District Court Affirms the State Water Board’s Discretionary Declination of Review Not Quasi-
Judicial Action Subject to Judicial Scrutiny89
Bareilles v. State Water Resources Control Board, ___Cal.App.5th___, Case No. A171456 (1st Dist. Nov. 17, 2025).
When a “Fee” Becomes a Tax: Groundwater Replenishment Charges under Renewed Constitutional Scrutiny90
Howard Jarvis Taxpayers Association v. Coachella Valley Water District, ___Cal.App.5th___, Case No. E081996 (4th Dist. Nov. 26, 2025).
