Western Water Law & Policy Reporter
December 2015
Volume 20, Number 2
December 2015
FEATURE ARTICLE
Colorado Supreme Court Finds Annual Replacement Plan Complies with Previously Approved Plan of Water Management and Sufficiently Protects Senior Surface Water Rights by Christopher Stork, Esq. and Paul Noto, Esq., Patrick, Miller 35
WESTERN WATER NEWS
Arizona Town Hall’s ‘Keeping Arizona’s Water Glass Full’ Forum Facilitates Important Discussion on the Future of the State’s Water Supply39
LEGISLATIVE DEVELOPMENTS
California Senate Bill 88 Adds Measurement and Reporting Requirements for 12,000 Water Diverters41
REGULATORY DEVELOPMENTS
How Water Supply Conditions of Non-Western States Compare to the Western States—GAO Issues Report Addressing This Issue43
California Department of Water Resources Adopts Emergency Regulations for Groundwater Basin Boundary Modifications45
California Coastal Commission Narrowly Approves Unprecedented Sand-Replenishment Project along Malibu’s Broad Beach to Guard against Climate Change Impacts47
Oregon Department of Environmental Quality Proposes Water Quality Trading Rules48
JUDICIAL DEVELOPMENTS
Federal:
D.C. Circuit Upholds EPA’s Withdrawal of a Proposed Rule to Obtain Information about Concentrated Animal Feeding Operations52
Environmental Integrity Project, Food & Water Watch, et al. v. Gina McCarthy, Administrator, U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-1306 (RDM) (D.C. Cir. Sept. 29, 2015).
Sixth Circuit Issues Nationwide Stay of Clean Water Rule54
In re U.S. Environmental Protection Agency and Department of Defense Final Rule: ‘Clean Water Rule: Definition of Waters of the United States,’ ___F.3d___, Consolidated Case Nos. 15-3799/3822/3853/3887 (6th Cir. 2015).
Fifth Circuit Bars Claims against Barge Company for Mississippi River Oil Spill57
Nguyen v. American Commercial Lines, LLC, ___F.3d___, Case No. 2:11-CV-1799 (5th Cir. Oct. 8, 2015).
State:
California Court of Appeal Affirms Demurrer against Nonresident Water Customers Who Sought to Preserve ‘Reasonable’ Water Rates59
Green Valley Landowners Association v. City of Vallejo, ___Cal.App.4th ___, Case No. A142808, (Cal.App. Oct. 16, 2015).
Public Trust and Right to Surface Use of Waters of the State of Utah—Trial Court Holds that Public Waters Access Act Violates the Utah Constitu-
tion61
Utah Stream Access Coalition v. VR Acquisitions, Case Number 100500558 (4th Dist. 2015).
