Western Water Law & Policy Reporter

FEATURE ARTICLE

A Big Deal—The Ninth Circuit Preserves the Bargain that Made the CVP by Steve Saxton, Esq., Downey Brand LLP, Sacramento, California127

LEGISLATIVE DEVELOPMENTS

Several Water-Related Bill Will Be Addressed During the Arizona State Legislature’s 2013 Session133

Multiple Water-Related Bills Proposed in the Oregon Legislature135

REGULATORY DEVELOPMENTS

California State Water Resources Control Board Releases Draft Substitute Environmental Document on Changes to the Bay-Delta Plan137

Nevada State Engineer Moves Forward with Carbonate Aquifer Applica-

tions140

San Francisco PUC Agrees to Prevent the Draining of Hetch Hetchy Reservoir without Approval from Water Users Outside of San Francisco141

JUDICIAL DEVELOPMENTS

Federal:

District Court Allocates 40 Percent of CERCLA Munitions Site Soil and Groundwater Remediation Costs to the United States143

American International Specialty Lines Insurance Company v. U.S., ___F.Supp.2d___, Case No. CV09-01734 (C.D. Cal. Jan. 9, 2013).

Land Use Battle in the Mountains—California Court of Appeal Fields CEQA and Tahoe Regional Planning Compact Issues for Ski Resort Expansion . .146

Sierra Club v. Tahoe Regional Planning Agency, ___F.Supp.2d___, Case No. 2:2012cv00044 (E.D. Cal. Jan. 4, 2013).

District Court Finds ‘Navigable Waters of the United States’ Does Not Mean ‘Traditionally Navigable Waters’ In Section 311 of the Clean Water Act . .148

U.S. v. HVI Cat Canyon (Greka), ___F.Supp.2d___, Case No. 11-05097, Amended Order (C.D. Cal. Jan. 16, 2013).

State:

Texas Appellate Court Denies City Immunity in Takings Claim Based on Damages Caused by Drainage System150

City of El Paso v. Mazie’s L.P., Case No. 08-11-00233-CV (Tex.App. filed Dec. 19, 2012).

Washington Pollution Control Hearings Board Rules Spokane Wastewater Reclamation Facility Is a ‘New Discharger’152

Sierra Club, et al. v. Washington Department of Ecology and Spokane County, PCHB Case No. 11-184, Order Granting Partial Summary Judgment (Jan. 8, 2013).