WESTERN WATER NEWS
Colorado River Cooperative Agreement Seeks to Resolve Colorado Water Conflicts and Implement a Framework for Future Water Projects255
Washington State’s Rainwater Collection Policy Lets 12,000 Rain Gardens Bloom257
FLOOD CONTROL DEVELOPMENTS
District Court Dismisses FEMA from Mississippi Flood Lawsuit259
New Challenges to the U.S. Army Corps’ Levee Vegetation Removal
Policy260
REGULATORY DEVELOPMENTS
EPA Issues Draft Guidance on Underground Injection Control Permits for Hydraulic Fracturing Using Diesel Fuel262
U.S. Geological Survey Releases Study on How Climate Change Affects Water Availability264
Federal Columbia River Power System Releases Annual Study which Adopts Northwest Power Council’s Proposal that More Dam Water Spill Will Save Salmon265
California Department of Water Resources Releases Plan for Reducing Greenhouse Gas Emissions267
LAWSUITS FILED OR PENDING
Environmental Group Files Federal Suit against Water District Claiming Dwinnell Dam on Shasta River Kills Endangered Salmon269
Pacific Coast Federation of Fishermen Challenges Renewal of Interim CVP Water Contracts270
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Finds the United States Can Extinguish the Public Trust through Condemnation of Tide and Submerged Lands273
U.S. v. 32.42 Acres of Land, ___F.3d___, Case No. 10-56568 (9th Cir. June 14, 2012).
District Court Holds a Court May Infer a Lack of Diligence by EPA’s Lukewarm Enforcement of an Order274
Water Quality Protection Coalition v. Municipality of Arecibo, ___F.Supp.2d___, Case No. 11-1593 (SEC) (D. P.R. May 1, 2012).
District Court Interprets ‘Stormwater Amendment’ as Clarifying, Not Altering the United States’ Waiver of Sovereign Immunity under the Clean Water
Act276
U.S. v. City of Renton, ___F.Supp.2d___, Case No. C11-1156JLR (W.D. Wash. May 25, 2012).
State:
California Supreme Court Rejects Appeal—Let’s Stand Decision in Favor of Water Replenishment District Regarding Groundwater Storage Plan278
Oregon Court of Appeals Interprets Term ‘Extension of Water Service’ in Municipal Charter to Exclude Wholesale Transactions279
Brown v. City of Eugene, Case No. A147405 (Or.App. May 16, 2012).
