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Western Water Law & Policy Reporter

March 2011

Volume 15, Number 5 March 2011


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


Joint-Agency Report Identifies Climate Research Needs for Long-Term Water Planning131

Study Finds Marked Decrease In California’s Central Valley Groundwater Levels133


Texas Bills Would Reward Water Stewardship through Tax Incentive135

Bipartisan Support for New ‘State Water Commission’ in Washington State Legislature136


Flood Control Management and Liability Update138


EPA to Study Potential Drinking Water Impacts of Hydraulic Fractur-


Delta Stewardship Council Releases Preliminary Draft of California Delta Plan141


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).


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).