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Western Water Law & Policy Reporter

March 2019

Volume 23, Number 5 March 2019

FEATURE ARTICLE

Defining ‘Waters of the United States’ and ‘Waters of the State’—

127

WESTERN WATER NEWS

Proposed Utah-Colorado Water Transfer Pipeline Project Revived under New Terms133

LEGISLATIVE DEVELOPMENTS

Idaho Governor Signs House Bill 1 Into Law, Furthering Boise River Basin Storage Water Settlement135

REGULATORY DEVELOPMENTS

U.S. Bureau of Reclamation Releases Biological Assessment for California Water Operations137

Nevada State Engineer Issues Order to Conjunctively Manage Surface Water and Groundwater within Sizeable Area of Southern Nevada139

Oregon Water Resources Department Announces Five-Year Strategic

Plan141

Washington State Departments of Ecology and Health Publish the ‘Purple Book’ Helping Define Implementation of the Recycled Water Rule143

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Finds States Waive Clean Water Act Water Quality Certification Leverage when They Contractually Agree to Delay Certification for More than One Year145

Hoopa Valley Tribe v. Federal Energy Regulatory Commission, 913 F.3d 1099, (D.C. Cir. 2019).

Ninth Circuit Rejects Tribe’s Efforts to Utilize Sovereign Immunity Anticipatory Defense in Washington State Salmon Habitat Matter147

Stillaguamish Tribe of Indians v. State of Washington, 913 F.3d 1116 (9th Cir. 2019).

State:

California Superior Court Upholds Environmental Review for Poseidon Desalination Project149

California Coastkeeper et al v. California State Lands Commission, Case No. 34-2017-80002736 (Sac. Super. Ct. 2019).