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California Water Law & Policy Reporter

February 2026

Volume 36, Number 5 February 2026

CALIFORNIA WATER NEWS

Settlement Reached in Indian Wells Valley Groundwater Authority Groundwater Sustainability Plan Lawsuits—Groundwater Rights Adjudication

Continues97

REGULATORY DEVELOPMENTS

U.S. EPA Proposes New Rule to Regulate Perchlorate in Response to the NRDC v. Regan Decision99

U.S. Bureau of Reclamation Releases Draft EIS for Major Colorado River Reservoir Operations101

U.S. Fish and Wildlife Service and National Maring Fisheries Service Propose New Endangered Species Act Rulemaking103

LAWSUITS FILED OR PENDING

Water Rights or Regulatory Mandates? The U.S. Supreme Court Confronts the Takings Clause in California105

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

When One Species’ Lifeline Endangers Another: Ninth Circuit Clarifies Injunction Standards Under the ESA107

San Luis Obispo Coastkeeper, et al. v. County of San Luis Obispo, ___F.4th___, Case No. 24-7807 (9th Cir. Dec. 3, 2025).

RECENT CALIFORNIA DECISIONS

Supreme Court:

California Supreme Cour tLets Stand Court of Appeal’s Opinion Invalidating City’s Supplemental

EIR for Ballot Measure to Remove Coastal Height Limits109

Save Our Access v. City of San Diego, ___Cal.5th___, Case No. S293971 (Cal. Dec. 30, 2025); ___Cal.App.5th___, Case No. D084132 (4th Dist. Oct. 17, 2025).

District Court of Appeal:

Third District Court Upholds Water Supply Assessment Against Claims It Violated CEQA and the Water Code111

City of Vallejo v. City of American Canyon, ___ Cal.App.5th ___, Case No. C102070 (3rd Dist. Jan. 14, 2026).

Third District Court Rejects Bond Validation for Delta Program—Finds DWR Lacked Authority to Issue Bonds because the Delta Program Was Too Vaguely Defined113

Department of Water Resources v. Metropolitan Water District of Southern California, ___Cal.App.5th___, Case No. C100552 (3rd Dist. Dec. 31, 2025, certified for partial publication Jan. 28, 2026).

Second District Court Provides Mixed Signals on Tiered Water Rates115

Dreher v. City of Los Angeles Department of Water and Power, ___Cal.App.5th___, Case No. B329610 (2nd Dist. Dec. 8, 2025).

Superior Court:

City of Camarillo Files Appeal and Writ of Mandate Challenging Phase 1 Decision in Oxnard-Pleasant Valley Groundwater Adjudication117

OPV Coalition, et al. v. Fox Canyon Groundwater Management Agency, et al., Case VENCI00555357 (Santa Barbara County Super. Ct (OPV Adjudication) filed on June 15, 2021.)