Western Water Law & Policy Reporter

WESTERN WATER NEWS

New Mexico Drought Conditions Persist—Agricultural Community

Responds to Calls to Limit the Expansion of Certain Crops in Favor of Conserving Water for Residential Use51

New MOU for Columbia River Basin Salmon Recovery Efforts—Proposes to Stay Long-Term Litigation until 202853

California Governor Newsom Utilizes New Infrastructure Streamlining Law to Certify Judicial Streamlining of the Sites Reservoir

Project55

LEGISLATIVE DEVELOPMENTS

Colorado General Assembly Drought Task Force Report57

REGULATORY DEVELOPMENTS

California SGMA Update: Determinations on Groundwater Sustainable Plans Continue as Year-End Draws Near59

California Department of Water Resources Announces Initial State Water Project Allocations for the New Water Year60

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions62

LAWSUITS FILED OR PENDING

Idaho Positions Itself Against the Recent Salmon Litigation Proposed Settlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Rejects Clean Water Act’s Direct-Discharge Theory as Applied to Holding

Ponds67

Cottonwood Environmental Law Center v. Edwards, ___F.4th___, Case No. 22-36015 (9th Cir. Nov. 21, 2023).

Ninth Circuit Affirms Requirement for Dredge Miner to Obtain a Clean Water Act NPDES

Permit68

Idaho Conservation League v. Shannon Poe, ___F.4th___, Case No. 22-35978 (9th Cir. Nov, 20, 2023).

State:

California Supreme Court Denies Westlands’s

Petition—Contract to Secure Permanent Access to Federal Water Resources Remains Invalidated70

Westlands Water District v. All Persons Interested, 95 Cal.App.5tth 98 (2023), as modified (Sept. 1, 2023), review denied (Nov. 29, 2023).