WESTERN WATER NEWS
Metropolitan Water District Disputes Imperial Irrigation District’s Proposal to Use Imperial’s Colorado River Entitlement Water for QSA Salton Sea Mitigation3
REGULATORY DEVELOPMENTS
California Department of Fish and Game Releases Draft Quantifiable Biological Objectives and Flow Criteria for the Sacramento-San Joaquin
Delta5
California’s State Water Resources Control Board Approves U.S. Bureau of Reclamation Petitions for Temporary Changes to Friant Division
Permits8
Idaho’s Treasure Valley Comprehensive Aquifer Management Plan Advisory Committee Releases Draft Future Water Demand Study11
Texas Commission on Environmental Quality Rules for Carbon Sequestration Projects13
LAWSUITS FILED OR PENDING
Tenth Circuit Denies Cherokee Nation’s Motion to Intervene in Tyson Case for CERCLA Violations in the Illinois River Watershed15
State of Oklahoma, v. Tyson Foods, Inc., et al., Case No. 09-5134 (10th Cir. Sept. 21, 2010).
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Finds the Clean Water Act Precludes Pre-enforcement Judicial Review of Compliance Orders17
Sackett v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-35854 (9th Cir. Sept. 17, 2010).
District Court Holds Tahoe Regional Planning Agency Shorezone Ordinance Amendments Fail
Judicial Scrutiny19
League to Save Lake Tahoe et al. v. Tahoe Regional Planning Agency, ___F.Supp.2d___, Case No. (E.D. Cal. Sept. 16, 2010).
State:
California Court of Appeal Addresses Urban Water Management Plans and Their Level of ‘Certainty’ and Specificity22
Sonoma County Water Coalition v. Sonoma County Water Agency, ___Cal.App.4th___, Case No. A124556 (1st Dist. Oct. 8, 2010).
Colorado Supreme Court Clarifies that ‘No-Call’ Agreements Do Not Constitute Unlawful Changes of Water Rights24
City of Englwood v. Burlington Ditch, Reservoir & Land Co., 235 P.3d 1061 (Colo. 2010).
Montana Supreme Court Rules that Coal Bed Methane Water Must Be Treated Before Its Discharge into Surface Water25
Northern Cheyenne Tribe v. Montana Department of Environmental Quality, 2010 MT 111 (MT 2010).
New Mexico Supreme Court Weighs in on State’s Efforts to Designate Headwaters in a Dozen Federal Wilderness Areas as Outstanding National Resource Waters27
New Mexico Environmental Department v. New Mexico Cattle Growers Assocication, Case No. 32,592 (N.M. Sept. 12, 2010).
Washington Supreme Court Allows Inverse Condemnation Claim for Damage from Flooding Caused by Water Flowing through a Natural Watercourse29
Fitzpatrick v. Okanogan County, 238 P.3d 1129 (Wash. Sept. 2, 2010).
