Western Water Law & Policy Reporter
March 2024
Volume 28, Number 5
March 2024
FEATURE ARTICLE
Nevada Supreme Court Clarifies Nevada State Engineer’s Authority to Conjunctively Administer Hydrologically Connected Water Resources by
Micheline Fairbank, Esq., Fennemore Craig, PC, Reno, Nevada99
WESTERN WATER NEWS
Governor Gavin Newsom’s Office Releases Comprehensive Salmon Strategy for California106
New Mexico Governor Announces 50-Year Water Action Plan and Google Teamed Initiative to Identify Water Leaks and Inefficiencies Using Satellite Imagery108
LEGISLTATIVE DEVELOPMENTS
2024 Colorado Legislative Preview110
REGULATORY DEVELOPMENTS
California Department of Water Resources Determines Seven Basin Plans Incomplete in Final Review of Groundwater Sustainability Plans113
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties, and Sanctions116
LAWSUITS FILED OR PENDING
Multiple Lawsuits Filed Challenging California Department of Water Resources’ Environmental Impact Report for the SF Bay Delta Conveyance Project119
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Court Affirms Dismissal of Clean Water Act and Endangered Species Act
Claims121
Kelly v. City of Poway, Unpub., Case No. 22-55920 (9th Cir. Dec. 19, 2023).
Tenth Circuit Requires More Rigorous Review to Determine When Seepage into Groundwater Is a Clean Water Act Discharge122
Stone v. High Mountain Mining Company, 89 F.4th 1246 (10th Cir. 2024).
District Court Rules on Motion for Summary Judgment Stemming from Allegations that a Rock Dam Harms Upstream Migrating Fish in Violation of the Endangered Species Act124
Puyallup Tribe of Indians v Electron Hydro, LLC, ___F.Supp.4th___, Case 2:20-cv-01864-JCC (W.D. Wash).