Western Water Law & Policy Reporter

FEATURE ARTICLE

239

WESTERN WATER NEWS

Lower Colorado River Basin Representatives Come to Agreement on Consensus-Based System Conservation Proposal for Near-Term River Operations244

California Governor Newsom Signs Executive Order that May Benefit Water Storage and Infrastructure Projects245

LEGISLATIVE DEVELOPMENTS

California Drought and Flood Streamlining Trailer Bill: Floodwater Diversion Exception and Drought Control Measures247

REGULATORY DEVELOPMENTS

California State Water Resources Control Board to Take Critical Steps Toward Placing Groundwater Basins on Probation and On Path to Interven-

tion249

Surface Water Coalition Delivery Call Post-Hearing Briefing Complete—Parties Awaiting Final Order from the Idaho Department of Water Resourc-

es250

Washington State Department of Ecology Implements Guidance and Administration of the Water Banking Pilot Program252

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions254

JUDICIAL DEVELOPMENTS

Federal:

U.S. Supreme Court Denies Navajo Nation a Court-Mandated Solution to Water Access256

Arizona et al. v. Navajo Nation, et al, ___U.S.___, Case No. 21-1484 (June 22, 2023).

Fifth Circuit Determines City Stormwater Management Fees Are Not ‘Reasonable Service Charges’ on Federal Facilities259

City of Wilmington v. United States, 68 F.4th 1365 (5th Cir. 2023).

Eleventh Circuit Dismisses Clean Water Act Citizen Suit Based on Diligent Prosecution Bar261

South River Watershed Alliance, Inc. v. Dekalb County, Georgia, 69 F.4th 809 (11th Cir. May 31, 2023).

State:

Colorado Supreme Court Declines Opportunity to Clarify State Ownership of Navigable Riverbeds, Decides Case on Standing262

State v. Hill, 2023 CO 31 (2023).