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Western Water Law & Policy Reporter

August/September 2025

Volume 29, Number 10 August/September 2025

WESTERN WATER NEWS

An End to Texas v New Mexico and Colorado Litigation? A Settlement Package of Agreements is Lodged with the Special Master in the U.S. Supreme Court207

A Third Year of Drought in the Washington’s Yakima Basin Exposes Legal Fault Lines in Water Allocation208

REGULATORY DEVELOPMENTS

California State Water Resources Control Board Releases Revised Draft Bay-Delta Plan Update211

Idaho Department of Water Resources Files Curtailment Enforcement Action Against Water User213

Evaluating Storage Loss and Sustainability: A Look at the Verde Reservoirs Sediment Mitigation Project in Nevada214

PENALTIES & SANCTIONS

Recent Penalties, Sanctions and EPA News216

JUDICIAL DEVELOPMENTS

Federal:

U.S. District Court Finds Certain CVP Water Contracts with the U.S. Bureau of Reclamation Do Not Require New Environmental Review under the Federal ESA and NEPA220

Center for Biological Diversity, et al., v U.S. Bureau of Reclamation, ___F.Supp.4th___, Case No. 1:20-cv-00706 (E.D. Cal. June 30, 2025).

State:

Toxicity by Redefinition? California’s State Water Board Clashes with CEQA and Federal Standards in a Decision by the Court of Appeal222

Camarillo Sanitary District et al. v. State Water Resources Control Board, ___Cal.App.5th___, Case No. F087362 (5th Dist. Aug. 5, 2025).

California Court of Appeal Finds Floodwater Does Not Become Personal Property Upon Exercise of “Dominion and Control”224

Sandton Agriculture Investments III, LLC v. 4-S Ranch Partners, LLC, ___Cal.App.5th___, Case No. F086484 (5th Dist. Aug. 8, 2025).

Colorado District Court Upholds Larimer County Decision Allowing Pipeline Project to Pro-

ceed226

Save The Poudre v. Board of County Commissioners of Larimer County, 24CW30597.