Western Water Law & Policy Reporter

FEATURE ARTICLE

The Supreme Court Rejects the Navajo Nation’s Breach of Trust Claim for Water by Miles Krieger, Esq., Best Best & Krieger, LLP, Riverside, Califor-

nia269

WESTERN WATER NEWS

Biden Administration Invests $50 Million in California Water Storage Projects as Part of Larger Investment in Western Water Security273

PFAS Manufacturers Preliminarily Settle Claims for Drinking Water Contamination274

New Mexico Water Scarcity Concerns Rise as Prolonged Drought, Increased Pecan and Cannabis Farming Strain System276

LEGISLATIVE DEVELOPMENTS

U.S. Senate Bill Aims to Repurpose Irrigated Farmlands in Western States to Reduce Water Consumption and Prepare for Droughts278

REGULATORY DEVELOPMENTS

Council on Environmental Quality’s Proposed Phase 2 Regulations Modifying the National Environmental Policy Act are Open for Comment280

California Department of Water Resources Releases Updated Determinations for Groundwater Sustainability Plans282

California Interagency Desalination Group Proposes New Recommendations to Expedite Permitting of Future Desalination Facilities283

Colorado Works to Protect Wetlands in the Wake of the Sackett Deci-

sion285

Washington State Department of Ecology Issues Draft Municipal Water Law Interpretative and

Policy Statement—Is Now Accepting Com-

ments287

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions291

LAWSUITS FILED OR PENDING

Groundwater Users Seek Judicial Review of Several Idaho Department of Water Resources’ Orders Concerning Conjunctive Administration of Surface Water294

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Denies Petition for Review of Environmental Protection Agency’s Rejection of San Francisco’s Wastewater Discharge Permit296

City of San Francisco v. United States Environmental Protection Agency, ___F.4th___, Case No. 2170282 (9th Cir. July 31, 2023).

District Court Dismisses Groundwater PFAS Complaint Seeking to Halt Onshore Trenching for Lack of Standing298

Mahoney v. United States Department of the Interior, ___F. Supp. 4th.___, Case No. 22-CV-1305 (E.D. N.Y. July 17, 2023).