Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Western Water Law & Policy Reporter

January 2011

Volume 15, Number 3 January 2011


The California Bay-Delta Conservation Plan: Where Does It Stand? by

Barbara Brenner and Uzunma Kas-Osoka, Stoel Rives, Sacramento, Calif67


Residential Homebuilder Settles Alleged Clean Water Act Violations in 21 States72

Texas Water Development Board Issues December Report on the Progress of State Seawater Desalinization73


EPA Calls for Identification of Coastal Waters Impacted by Acidification, but Stops Short of Supporting Use of Clean Water Act to Address Greenhouse Gas Emissions75

EPA Orders California Department of Transportation to Upgrade Statewide Clean Water Act Stormwater Management Program77

U.S. Fish and Wildlife Service Issues Final Rule Designating Critical Habitat for Bull Trout—Idaho Resources User Groups React78

U.S. Fish and Wildlife Service Issues Final Critical Habitat Designation for Polar Bear80



District Court Holds State Agency Liable as an Arranger under CERCLA for Designing, Installing and Operating a Storm Water Drainage System82

U.S. v. Washington State Department of Transportation, ___F.Supp.2d___, Case No. 09-5722RJB (W.D. Wash. Nov. 17, 2010).

Federal Claims Court Finds U.S. Not Liable for Land Contaminated with Hazardous Waste84

U.S. Home Corporation, Beechwood at Edison, LLC, Beechwood Shopping Center, LLC, v. U.S., Case No. 09-63 C (U.S. Ct. Fed. Claims Nov. 9, 2010).


California Court of Appeal Addresses Statutory Baseline Requirements for Analysis of a Project’s Impacts on Regional Water Supplies85

Cherry Valley Pass Acre and Neighbors v. City of Beaumont, ___Cal.App.4th___, Case No. E049651 (Cal.App. Nov. 22, 2010).

Montana Supreme Court Limits Right of State Agency to Require Detailed Return Flow Analyses for Water Rights Flow Change Application88

Hohenlohe v. Montana Department of Natural Resources and Conservation, 240 P.3d 628 (Mont. 2010).

New Mexico Court of Appeals Affirms State Engineer Overstepped Authority with Regulations Addressing Water Rights Priority Determinations90

Tri-State Generation, et al. v. John D’Antonio, Jr., New Mexico State Engineer, Case No. 27,802, NMCA (N.M.App. Oct. 28, 2010).