Western Water Law & Policy Reporter
January 2020
Volume 24, Number 3
January 2020
WESTERN WATER NEWS
U.S. Army War College Report Analyzes Environmental Challenges to Army by Climate Change63
REGULATORY DEVELOPMENTS
U.S. Department of the Interior Denies Federal Construction Funding Extension for Gila River Project Diversion65
California Department of Water Resources Completes Groundwater Basin Prioritization Process66
In Aid of Endangered Salmonids, Oregon Environmental Quality Commission Proposes Temporary Modification to Total Dissolved Gas Standard for Mainstem Columbia River68
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions70
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Orders EPA to Regulate Water Temperature in Columbia and Snake Rivers to Protect Salmon and Trout73
Columbia Riverkeeper v. Wheeler, ___F.3d___, Case No. 18-35982 (9th Cir. Dec. 20, 2019).
District Court Affirms Maryland’s Clean Water Act Section 303d Integrated Report74
Blue Water Baltimore v. Wheeler, ___F.Supp.3d___, Case No. 16-452 (D.C. Dist. Dec. 2, 2019).
District Court Holds U.S. Army Corps Is Not Obligated Under the Clean Water Act or Other Laws to Dredge Channels on Annual Basis76
San Francisco Bay Conservation and Development Commission v. U.S. Army Corps of Engineers, et al., ___F.Supp.3d___, Case No. 16-cv-05420-RS (N.D. Cal. Nov. 4, 2019).
State:
Idaho Supreme Court Order Brings Close to Seven-Plus Years of Water Right Litigation in the Boise River System78
In the Matter of Accounting for Distribution of Water…, Case No. 44746-2017(Id. Dec. 10, 2019).
Texas Court Grants International Boundary and Water Commission’s Request for Temporary Restraining Order Preventing Construction of Private Border Wall79
North American Butterfly Association v. Neuhaus & Sons, LLC, Case No. C-5049-19-I (Tex. Dist. Ct. Dec. 3, 2019).
Utah Court of Appeals Finds Water Conveyance Easement Established Pursuant to 1866 Mining Act Permits Easement Holder to Seek Attorney’s
Fees80
Allen Family Trust v. Holt, 2019 UT App 197 (Ut. Dec. 5, 2019).
Vermont Supreme Court Finds State Water Quality Standards May Compel Reduction in Hydroelectric Power Generation as a Condition of 401 Certification83
In re Morrisville Hydroelectric Project Water Quality, Case No. 2018-339 (Vt. Sup. Ct. Nov. 22, 2019).
