FEATURE ARTICLE
Development and Water Supply in Idaho—A Deal Brokered Between a Developer and the Idaho Department of Water Resources May Result in Larger Municipal Use Permit by Andy J. Waldera, Moffatt Thomas Barrett Rock 127
WESTERN WATER NEWS
Joint-Agency Report Identifies Climate Research Needs for Long-Term Water Planning131
Study Finds Marked Decrease In California’s Central Valley Groundwater Levels133
LEGISLATIVE DEVELOPMENTS
Texas Bills Would Reward Water Stewardship through Tax Incentive135
Bipartisan Support for New ‘State Water Commission’ in Washington State Legislature136
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update138
REGULATORY DEVELOPMENTS
EPA to Study Potential Drinking Water Impacts of Hydraulic Fractur-
ing140
Delta Stewardship Council Releases Preliminary Draft of California Delta Plan141
JUDICIAL DEVELOPMENTS
U.S. Supreme Court:
U.S. Supreme Court Denies Certiorari, Finalizing State Court Ruling Regarding Complimentary Water Use by District and Federal Government143
Wagoner County Rural Water Dist. No. 2 v. Grand River Dam Auth., 241 P.3d 1132 (Okla.App. 2010), cert. denied 562 U.S. ___ (Jan. 24, 2011).
Federal:
Fourth Circuit Finds Environmental Plaintiffs Had Clean Water Act Standing but Deficient Notice to Support Most of Their Claims144
Friends of the Earth, Inc. v. Gaston Copper Recycling Corp., ___F.3d___, Case No. 06-1714 (4th Cir. Jan. 5, 2011).
Fourth Circuit Holds Corps’ Rapanos Jurisdiction Fails in Absence of ‘Significant Nexus’ between Project Wetlands and Tributary146
Precon Development Corporation, Inc. v. U.S. Army Corps of Engineers,___F.3d___, Case No. 09-2239 (4th Cir. Jan. 25, 2011).
District Court Stays Discovery in CWA Citizen Suit until Decision on Motion to Dismiss148
California Sportfishing Protection Alliance v. Chico Scrap Metal, Inc., ___F.Supp.2d___, Case No. S-10-1207 GEB GGH (E.D. Cal. Jan. 14, 2011).
District Court Finds Plaintiffs Lack Evidence of Economic Loss to Enjoin EPA’s Enhanced Permitting Process151
National Mining Association v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-1220 (D. D.C. Feb. 8, 2011).
District Court Finds Pollutant Overflows into Sewers that Discharge to Waters of the United States May Be a Violation of the Clean Water Act153
San Francisco Baykeeper v. West Bay Sanitary District, ___F.Supp.2d___, Case No. C-09 5676 EMC (N.D. Cal. Jan. 12, 2011).
