Western Water Law & Policy Reporter
April 2019
Volume 23, Number 6
April 2019
FEATURE ARTICLE
California Water Commoditized?—A New Pricing Index Emerges on the NASDAQ By Derek Hoffman, Esq. and Michael Duane Davis, Esq., Gresham|Savage, San Bernardino, California155
WESTERN WATER NEWS
Rivers and Dams—Los Angeles County Supervisors Urge Federal Government to Consider Handing over Ownership and Opening Federal Funding Floodgate160
LEGISLATIVE DEVELOPMENTS
Idaho Legislature Considering Two Joint Memorials Related to Major Water Infrastructure Projects162
Water in the New Mexico 2019 Legislative Session: The Year of the Acequias, but Not so Much for Prescriptive Water Planning163
Oregon Lawmakers Consider Dam Safety Legislation164
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions166
LAWSUITS FILED OR PENDING
U.S. Supreme Court Will Consider Whether the Clean Water Act Applies to Discharges Conveyed to Navigable Waters of the United States through Groundwater170
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
The Trump Administration Border Wall—Ninth Circuit Determines Illegal Immigration Act Allows for Waiver of Environmental Laws172
Center for Biological Diversity et al. v. U.S. Department of Homeland Security et al. ___F.3d___, Case Nos. 158-55474; 18-55475; and 18-55476 (9th Cir. Feb 11, 2019).
District Court:
District Court Holds Army Corps’ Decision to Maintain Tidal Waters Definition of ‘High Tide Line’ is Final Agency Action174
Sound Action v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. C18-0733 (W.D. Wash. Feb. 5, 2019).
District Court finds it Has Jurisdiction under CERCLA of UK Entity for ‘Directed’ Activities in California during Corporate Merger176
Successor Agency to the Former Emeryville Redevelopment Agency v. Swagelok Co., ___F.Supp.3d___, Case No. 17-cv-00308 (N.D. Cal. Jan. 30, 2019).
RECENT STATE DECISIONS
Colorado Supreme Court Clarifies Water Court Jurisdiction179
Allen v. State of Colorado, 2019 CO 6 (Colo. 2019).
Utah Supreme Court Remands Stream Access Case to District Court Due to Error180
Utah Stream Access Coalition v. VR Acquisitions and State of Utah, 2019 UT 7 (2019).
