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Western Water Law & Policy Reporter

May 2021

Volume 25, Number 7 May 2021

WESTERN WATER NEWS

Federal Columbia Power System Update: Endangered Species Act-Listed Salmon Issues Starting to Reconverge for Idaho Water Users185

LEGISLATIVE DEVELOPMENTS

California Senate Bill 223 Update: Residential Water Shut off Moratorium Nears Its End187

REGULATORY DEVELOPMENTS

California Department of Water Resources Releases Draft Bulletin-118 Update 2020—Defining the State’s Groundwater Basins189

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions192

JUDICIAL DEVELOPMENTS

Federal:

Second Circuit Determines Clean Water Act, Section 401, Deadline Cannot Be Modified by Agreement195

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 19-1610 (2nd Cir. Mar. 23, 2021).

U.S. District Court for Montana Denies Preliminary Injunction against Big Sky Water and Sewer District for Alleged Clean Water Act Viola-

tions196

Cottonwood Environmental Law Center, Montana Rivers, and Gallatin Wildlife Association v. Edwards and Big Sky Water and Sewer District, ___F.Supp.3d___, Case No. 2:20-cv-00028-BU-BMM (D. Mt. Mar. 23, 2021).

State:

California Court of Appeal Limits Dormant Overlying Rights in Ongoing Antelope Valley Groundwater Cases198

Antelope Valley Groundwater Cases, ___Cal.App.5th___, Case No: F082469 (5th Dist. Apr. 6, 2021).

California Superior Court Finds L.A. Department of Water and Power Must Conduct Environmental

Review before Reducing Pastureland Alloca-

tions199

County of Mono v. City of Los Angeles, Case No. RG18-923377 (Alameda Super Ct. Mar. 8, 2021).

Upon Petition of Chief Justice Hardesty, the Nevada Supreme Court Establishes a Commission to Study Water Rights Cases and Determine if a Water Court System is Advisable201

Nevada Supreme Court Administrative Docket No. 0576, (Mar. 9, 2021).

New Mexico Supreme Court Quashes Writs of Certiorari in San Juan River Adjudication Appeal that Upheld the Navajo Nation Settlement De-

crees204

State of New Mexico ex rel. State Engineer v. United States, Case No. S-1-SC-37068 (N.M. Supreme Ct. April 13, 2021).