Western Water Law & Policy Reporter
March 2021
Volume 25, Number 5
March 2021
WESTERN WATER NEWS
U.S. Bureau of Reclamation Report Summarizes Factors Impacting Water Resources in the Western United States125
LEGISLATIVE DEVELOPMENTS
Congress Introduces Bill to Coordinate River Restoration Efforts between the United States and Mexico and to Protect the Salton Sea127
California Legislation Introduced to Address the Impacts of Agricultural Land Fallowing Under the Sustainable Groundwater Management Act128
New Mexico Legislature Grapples with Placing Restrictions on the State’s Water-Use Leasing Act130
REGULATORY DEVELOPMENTS
California State Water Resources Control Board Adopts New Order
Establishing Statewide Waste Discharge Requirements for Wineries132
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions134
LAWSUITS FILED OR PENDING
Update on Ecology v. Acquavella: The Yakima River Surface Water Adjudication—Washington State Supreme Court Accepts Direct Review137
JUDICIAL DEVELOPMENTS
Federal:
U.S. District Court Dismisses Clean Water Act Citizen Suit for Failure to Show an Environmental Injury to Establish Standing139
Glynn Environmental Coalition, Inc., et al. v. Sea Island Acquisition, LLC,
___F.Supp.3d___, Case No. 2:2019-cv-00050 (S.D. Ga. Jan. 29, 2021).
State:
California Court of Appeal finds State Water Boards Appropriately Considered Economic Factors When Issuing Clean Water Act MS4 Permit140
City of Duarte v. State Water Resources Control Board, ___Cal.App.5th___, Case No. G058539 (4th Dist. Jan. 28, 2021).
Colorado Supreme Court Declines to Allow Extrinsic Evidence to Interpret an Unambiguous Water Decree142
Mike & Jim Kruse Partnership v. Cotten, 2021 CO 6 (Colo. 2021).
Nevada Supreme Court Upholds the State Engineer’s Prohibition on Domestic Well Drilling in Pahrump Basin144
Tim Wilson, P.E., et al v. Pahrump Fair Water, LLC, 137 Nev.Adv.Op. 2 (Nev. Feb. 25, 2021).
Oregon Court of Appeals Rules Klamath Basin General Stream Adjudication is the Only Viable Avenue for Judicial Review of Water Rights Issues within the Basin147
TPC, LLC v. Oregon Water Resources Department, 308 Or.App. 177 (Or.App. Dec. 30, 2020).
