FEATURE ARTICLE
Colorado River ‘Quantification Settlement Agreement’ Invalidated as Unconstitutional by Antonio Rossmann and Laurie Mikkelsen, Rossmann and Moore, San Francisco, California99
LEGISLATIVE DEVELOPMENTS
House Passes White Mountain Apache Water Rights Quantification
Act105
REGULATORY DEVELOPMENTS
New U.S. Forest Service Planning Rule Broadens Analysis of Water Quality and Watershed Health107
Center for Biological Diversity Petitions EPA to Regulate Chemicals that Pose Widespread Risks to Human and Animal Reproduction108
LAWSUITS FILED OR PENDING
Federal:
Following the District Court’s Upholding of Oklahoma’s Regulation of Water Subject to the Red River Compact, Tarrant Amends Its Complaint and the Litigation Continues110
Tarrant Regional Water District v. Sevenoaks, ___F.Supp.2d___, Case No. CIV-07-45-HE (W.D. Ok. 2009).
Amendment of ‘Orr Ditch Decree’ Governing Truckee River Proposed112
U.S. v. Orr Water Ditch Co., Case No. 3:73-cv-00003-LDG In Equity A-3 (D. Nev.).
State:
Oregon Supreme Court to Address Water Users’ Property Interest in Water Received from the Bureau of Reclamation in the Klamath River Basin113
Klamath Irrigation District v. U.S., 345 Or. 638, 202 P.3d 159 (Or. 2009).
JUDICIAL DEVELOPMENTS
Federal:
Eighth Circuit Finds EPA Penalty under Clean Water Act Section 1319(g)(1) for Failure to Apply for Storm Water Permit Inappropriate116
Service Oil, Inc. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-2819 (8th Cir. Dec. 28, 2009).
District Court Finds Gun Range, as Potential Source of Pollution, Has Liability Exposure under the Clean Water Act and RCRA118
Benjamin v. Douglas Ridge Rifle Club, ___F.Supp.2d___, Case No. 07-1144-HA (D. Or. Dec. 1, 2009).
State:
California Appellate Court Upholds Environmental Impact Report, Paving the Way for a Water
Transfer120
Planning and Conservation League v. Castaic Lake Water Agency, ___Cal.App.4th___, Case No. B200673 (2nd Dist. Dec. 17, 2009).
Colorado Supreme Court Examines Whether Prevailing Party Costs Are Available to Parties Supporting State Engineer’s Groundwater Rules in Court122
Cotton Creek Circles, LLC v. Rio Grande Water Conservation District, 218 P.3d 1098 (Colo. 2009).
Utah Supreme Court Finds Non-Party to State Engineer Proceeding May Intervene in Subsequent Action for Judicial Review124
Taylor-West Weber Water Improvement District v. Jerry Olds, Case No. 20080540 (Ut. Dec. 22, 2009).
