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Western Water Law & Policy Reporter

April 2010

Volume 14, Number 6 April 2010

FEATURE ARTICLE

Litigaton under the ESA—Of Fish, Water Supply, Agency Discretion and the Debate over Short Versus Long Term Solutions by Christina J. Bruff, Esq, Law 159

LEGISLATIVE DEVELOPMENTS

Lake Tahoe Restoration Act of 2009: Proposed Amendments to Implement a Program to Prevent Aquatic Invasive Species within the Lake Tahoe

Basin165

Idaho Congressman Bristles over EPA Water Quality Mandates—Introduces HR 4798167

Oregon Legislature Expected to Revisit Exempt Well Legislation169

Utah Legislature Addresses Public Recreational Easements in Public Waters in Response to Utah Supreme Court 2008 Decision170

Washington Legislature Adds ‘Certified Water Right Examiners’ to Water Rights Process172

REGULATORY DEVELOPMENTS

Petition to EPA to Reduce Sea Ice Carbon Looks to Combat Climate Change through the Clean Water Act174

Arizona Governor Forms Blue Ribbon Panel on Water Sustainability176

LAWSUITS FILED OR PENDING

Lawsuit Against the U.S. Bureau of Reclamation Set to Test California’s ‘Area of Origin’ Watershed Protections178

JUDICIAL DEVELOPMENTS

Federal:

Tenth Circuit Clarifies ‘Imminent and Substantial Endangerment’ Analysis under the Resource Conservation and Recovery Act180

Crandall v. Denver, ___F.3d___, Case No. 08-1197 (10th Cir. Feb. 8, 2010).

State:

Colorado Supreme Court Requires Augmentation Plan Applicant to Replace Pre-Application Deplet-ions182

Well Augmentation Subdistrict of the Central Colorado Water Conservancy District v. City of Aurora, 221 P.3d 399 (Colo. 2009).

Nevada Supreme Court Ruling Throws Status of Water Right Applications into Uncertainty184

Great Basin Water Network, et al. v. Tracy Taylor, et al., 126 Nev. ___ , 222 P.3d 665 (Nev. 2010).