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Western Water Law & Policy Reporter

May 2010

Volume 14, Number 7 May 2010


California’s Central Valley Flood Protection Plan: An Opportunity to Limit Liability by Andrea P. Clark, Downey Brand and Timothy Washburn, Sacramento Area Flood Control Agency, Sacramento, California191


Utah Legislature Passes Canal Safety Act in Wake of Canal Failure and Loss of Life199


Industry, Agriculture, and Water Utilities May Face Tougher Federal Arsenic Standards201


Update on the Salmonid and Delta Smelt Biological Opinions’ Restrictions on Pumping Operations in the Sacramento-San Joaquin Delta203

U.S. District Court Issues Decision on Motions for Summary Judgment in Clean Water Act Citizen Suit against the County of Los Angeles205

South Texas Conservation Group Challenges Texas Water Allocation under Endangered Species Act207



Colorado Supreme Court Leaves Unchanged the Court of Appeals Finding that Ground Water Management District Rules May Reduce Well User’s Right to Use below Amount Authorized by Permit209

Meridian Ranch Metropolitan District v. Colorado Ground Water Commission, ___P.3d___, Case No. 09CA0131, Colo.App. Nov. 12, 2009, cert. denied, Case No. 09SC169 (Colorado April 27, 2010).

Idaho Supreme Court Finds State Law Was Not Intended to Preempt Local Regulation of Water Quality at Confined Animal Feeding Operations211

Idaho Dairyman’s Association, Inc. v. Gooding County, ____Idaho____ Case No. 35980 (Idaho 2010).

Oregon Supreme Court Weighs in on the Klamath Basin Irrigators’ Property Interest in the Water Received from the U.S. Bureau of Reclamation213

Klamath Irrigation District v. U.S., 348 Or. 15, ___P.3d___ (Or. 2010).