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Western Water Law & Policy Reporter

August/September 2010

Volume 14, Number 10 August/September 2010


Idaho’s Treasure Valley Comprehensive Aquifer Management Planning Moves Forward283


Implementing House Bill 3369—Determining ‘Ecological Flows’ in



USDA Issues a Special Use Permit Allowing the Use of Reclaimed Water for Snowmaking at the Arizona Snowbowl Resort near Flagstaff287

Texas Water Development Board Issues Strategic Plan for 2011-15, Enters Sunset Review288

Washington State Department of Ecology Proposes Rule Changes to Enable Columbia River Basin Water Storage Projects289


California Delta Agencies and Environmental Organizations Sue State Again on Monterey Amendments to State Water Project Contracts291

San Diego County Water Authority Files Lawsuit against Metropolitan Water District Alleging Illegal Water Rates293



U.S. Supreme Court Holds Beachfront Property Owners Are Not Entitled to Restored Beaches, Leaves Question of ‘Judicial Takings’ Unresolved295

Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, ___U.S.___, Case No. 08–1151 (June 17, 2010).

Ninth Circuit Upholds the U.S. Fish and Wildlife Service’s Critical Habitat Designation for the Mexican Spotted Owl297

Arizona Cattle Growers’ Association v. Salazar, ___F.3d ___, Case No. 08-15810 (9th Cir. June 4, 2010).

Tenth Circuit Finds BLM Complied with NEPA when It Refused to Study a Phased Development Proposal as a Project Alternative299

Biodiversity Conservation Alliance v. U.S. Bureau of Land Management, ___F.3d___, Case No. 09-8011 (10th Cir. June 18, 2010).

District Court Finds EPA Pollution Limits Violate Clean Water Act; Vacatur Stayed to Mitigate Disruptive Effects301

Anacostia Riverkeeper, Inc. v. Jackson, ___F.Supp.2d ___, Case No. 09-0098 (D. D.C. 2010).

Two U.S. District Courts Uphold Oklahoma Restrictions on Exported Water303

Tarrant Regional Water District v. Herrmann et al., ___F.Supp.2d___, Case No. CIV-07-0045-HE (W.D. Ok July 16, 2020); City of Hugo v. Nichols et al., ___F.Supp.2d___, Case No. CIV-08-303-JTM (E.D. Okla.).

District Court Finds Washington State DOT Potentially Liable as an Arranger under CERCLA for Controlling Highway Runoff305

U.S. v. Washington State Department of Transportation, ___F.Supp.2d___, Case No. C08-5722RJB (W.D. Wash. June 7, 2010).


Colorado Supreme Court Upholds Key Piece of the City of Aurora’s Prairie Waters Project307

City of Aurora v. Northern Colorado Water Conservancy District, Case No. 09SA158 (Colo. June 28, 2010).

Nevada Supreme Court Directs State Engineer to Re-Open Protest Period for Groundwater Applica-tions309

Great Basin Water Network v. Taylor, Case No. 49718 (Nev. June 17, 2010).