Western Water Law & Policy Reporter

FEATURE ARTICLE

Proposed Upper Klamath Basin Settlement Seeks to Resolve Long-Standing Water Dispute by Daniel Timmons, Esq., Marten Law, Portland, Oregon163

WESTERN WATER NEWS

Arizona, the Bureau of Reclamation and Six Other Colorado Basin States Release Joint Report—Establish Phase I Work Plan: ‘Colorado River Basin Water Supply and Demand Study’168

Moffat Project Agreement a Major Victory for Collaborative River Management and Denver Area Water Supply170

REGULATORY DEVELOPMENTS

California State Water Resources Control Board Takes Action in Response to Governor’s Declaration of Drought172

LAWSUITS FILED OR PENDING

Landowners File Federal Takings Suit Against the Army Corps, Seeking Compensation for Damages Caused by Flooding175

Nevada/Utah Groups Sue Federal Officials for Environmental Impacts of Las Vegas Water Supply Pipeline177

Swinomish Decision in Washington State Is Used in Challenge before the Pollution Hearings Board to Mitigated Groundwater Right under Columbia River Rule178

JUDICIAL DEVELOPMENTS

Federal:

Fifth Circuit Finds that Local Jurisdictions’ Police Powers Are Preempted by Federal Clean Water Act in Deepwater Horizon Litigation181

In Re: Deepwater Horizon, ___F.3d___, Case No. 12-30012 (5th Cir. Feb. 24, 2014).

Ninth Circuit Upholds Biological Opinion’s Restrictions on California Delta Pumping to Protect Delta Smelt183

San Luis & Delta-Mendota Water Authority v. Jewell, ___F.3d___, Case No. 11-15871 (9th Cir. Mar. 13, 2014).

District Court Bars Reliance on Environmental Law Theory of Liability Not Disclosed in Response to Contention Interrogatories184

In re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, ___F.Supp.2d___, Case No. 1:00-cv-01898-SAS-DCF (S.D. N.Y. Feb. 6, 2014).

State:

Utah State Court Declares Water Right Involved in Jensen v. Jones Decision Forfeited Due to Many Years of Non-Use186

Central Utah Water Conservancy District v. Jennifer Jean Jensen, Case No. 120400142 (4th Dist. 2014).