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Western Water Law & Policy Reporter

November 2010

Volume 15, Number 1 November 2010


Metropolitan Water District Disputes Imperial Irrigation District’s Proposal to Use Imperial’s Colorado River Entitlement Water for QSA Salton Sea Mitigation3


California Department of Fish and Game Releases Draft Quantifiable Biological Objectives and Flow Criteria for the Sacramento-San Joaquin


California’s State Water Resources Control Board Approves U.S. Bureau of Reclamation Petitions for Temporary Changes to Friant Division


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


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).



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).


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).