Western Water Law & Policy Reporter

WESTERN WATER NEWS

Colorado Entities Utilize Various Money-for-Water Programs in Attempts to Mitigate Drought, Protect Existing Water Rights3

What Happens to Federal Flood Control Operations in Idaho in the Absence of a Renewed Columbia River Treaty?5

LEGISLATIVE DEVELOPMENTS

New State Law Gives the California State Water Resources Control Board Authority to Investigate Pre-1914 Water Rights7

REGULATORY DEVELOPMENTS

EPA Issues New Clean Water Act Section 401 Water Quality Certification Rules to Expand Authority of States and Tribes and Clarify Certification Procedures9

Water Recycling and Desalination Projects Receive Nearly $29 Million Investment from U.S. Bureau of Reclamation10

Washington State Department of Ecology is Reopening its Streamflow Restoration Competitive Grant Process for 202412

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions14

JUDICIAL DEVELOPMENTS

Federal:

U.S. Supreme Court Upholds Ninth Circuit Ruling in San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District Regarding Water Releases from Dams to Comply with the ESA17

Fifth Circuit Upholds U.S. Army Corps of Engineers’ Clean Water Act 404 Permit for Liquid Natural Gas Project18

Healthy Gulf v. United States Army Corps of Engineers, 81 F.4th 510 (5th Cir. 2023).

State:

Washington State’s Court of Appeals Rejects State Department of Ecology’s Nitrogen-Discharge Limits20

City of Tacoma v. Department of Ecology, 535 P.3d 462 (Wash.App. 2023).