Western Water Law & Policy Reporter
August/September 2019
Volume 23, Number 10
August/September 2019
WESTERN WATER NEWS
Nevada Update: Water Purchased by Walker Basin Restoration Program In 2010 Finally Reaches Walker Lake After Years of Court Delays275
New Mexico Update on Remediation and Eventual Permanent Remedy
of the Kirtland Air Force Base Jet Fuel Spill in Albuquerque Area
Aquifer277
LEGISLATIVE DEVELOPMENTS
California Governor Newsom Signs SB 200 Establishing Safe and Affordable Drinking Water Fund279
REGULATORY DEVELOPMENTS
U.S. Environmental Protection Agency Issues Proposed Rule Limiting State and Authorized Tribal Authority When Issuing Section 401 Water Quality Certifications281
New Biological Opinions Anticipated to Impact the Coordinated Operation and Water Supply of California’s Largest Water Projects282
California Department of Water Resources Releases Final California Water Plan Update 2018284
Idaho Department of Water Resources Issues Statutory Maximum Penalty to Ada County and Hydropower Dam Operators285
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions287
LAWSUITS FILED OR PENDING
Defenders of Wildlife Appeals Finding of Non-
Navigability in Aizona’s Salt, Gila, and Verde
Rivers290
JUDICIAL DEVELOPMENTS
Federal:
Tribe Intervenes as Required Party and Case Dismissed Based on Tribal Sovereign Immunity292
Dine Citizens Against Ruining Our Environment v. Bureau of Indian Affairs, ___F.3d___, Case No. 17-17320 (9th Cir. July 29, 2019).
It’s all in the Name—District Court Finds TMDL Failed the Clean Water Act as it Didn’t Specify Daily Limits on E. Coli294
Anacostia Riverkeeper, Inc. v. Wheeler, ___F.Supp. 3d___, Case No. 16-cv-1651 (D. D.C. Aug. 12, 2019).
State:
Colorado Supreme Court Declines to Embrace ‘Character of Exchange Rule’296
City & County of Denver v. Consolidated Ditches of Water District, Case No. 2, 2019 CO 68 (Col. July 1, 2019).
Oregon Supreme Court Upholds State Department of Environmental Quality’s Issuance of Suction Dredge Mining General Permit299
Eastern Oregon Mining Assoc. v. Department of Environmental Quality, 365 Or. 313 (Or. 2019).
Utah Court Supreme Court Requires Water User Participation in Administrative Proceedings Regarding Impairment of Water Rights301
Rocky Ford Irrigation Company v. Kents Lake Reservoir Company and Beaver City, 2019 UT 31 (Ut. 2019).
