FEATURE ARTICLE
Colorado Water Courts Take a Closer Look at Storage Water Rights: Two Pending State Supreme Court Appeals May Result in Additional Limits on Storage Water Rights by Paul Noto and Will Stenzel, Patrick, Miller 131
WESTERN WATER NEWS
Geothermal Project to Receive 800 Acre-Feet of Water from California’s Imperial Irrigation District136
Engineering and Planning Work Resume on Project to Remove California’s San Clemente Dam and Reroute Carmel River137
REGULATORY DEVELOPMENTS
NOAA sets ‘Policy Precedent’ by Proposing 70,000 Miles of Critical Leatherback Turtle Habitat139
Idaho Department of Water Resources Decision Restricts Application of ‘Reasonable Planning Horizon’ Provisions to Preexisting Municipal Water Providers140
Oregon Water Resources Department Finds State’s Instream Flow Restoration Program Leads the Nation142
LAWSUITS FILED OR PENDING
California Delta Salmon/Smelt Consolidated Cases: Salmon TRO Granted, Delta Smelt TRO Denied, Preliminary Injunction Hearing Set144
Washington State Court Asked to Consider Summary Judgment Motion to Limit Permit-Exempt Use of Groundwater for Stockwatering146
JUDICIAL DEVELOPMENTS
Federal:
Tenth Circuit Affirms Judgment against Aircraft Company for Remediation Costs under CERCLA Section 107(A) for TCE Groundwater Contamina-
tion149
Raytheon Aircraft Company v. U.S, ___F.3d___, Case No. 08-3237 (10th Cir. 2009).
District Court Rules ‘Imminent and Substantial Endangerment’ under RCRA Must Be Measured ‘At The Time Of Suit’151
American International Specialty Lines Ins. Co. v. 7-Eleven, Inc., ___F.Supp.2d___, Case No. 3:08-cv-807-M (N.D. Tex. Jan. 19, 2010).
District Court Denies EPA and Corps’ Motion for Transfer of Venue in CWA Dispute over Designation of ‘Traditional Navigable Waters’154
National Association of Home Builders v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 09-0548 (RMU) (D. D.C. 2009).
