FEATURE ARTICLE
The California Supreme Court Finds the State Water Resources Control Board’s Water Rights Fee Program Facially Constitutional by Kristen Castaños and Stacy Gillespie, Stoel Rives, LLP, Sacramento, California219
WESTERN WATER NEWS
Twelve California Water Agencies File Notice of Intent to Sue U.S. Fish and Wildlife Service over Expanded Critical Habitat Designation for the Santa Ana Sucker225
LEGISLATIVE DEVELOPMENTS
Water Related Legislation in Texas—One Hit and Some Misses227
REGULATORY DEVELOPMENTS
U.S. Bureau of Reclamation Releases Report on Effects of Global Climate Change on Water Resources in Major Western River Basins229
EPA Issues Guidance to Identify Waters Protected by Clean Water Act . .232
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update235
JUDICIAL DEVELOPMENTS
Federal:
District Court Denies Insurer’s Attempt to Recover Groundwater Pollutant Related CERCLA Damages because Insured Was Never a ‘Claimant’237
Chubb Custom Insurance Company v. Space Systems/Loral, Inc., et al., ___F.Supp.2d___, Case No. 5:09-CV-04485 (N.D. Cal. Apr. 20, 2011).
District Court Holds Army Corps’ Planning Decisions Unfit for Review under the Clean Water Act’s Citizen-Suit Provision239
Holy Cross Neighborhood Association v. U.S. Army Corps of Engineers, ___F.Supp.2d___, Case No. 03-370 (E.D. La. Mar. 29, 2011).
State:
Colorado Supreme Court Reaffirms Water Right Determination Act’s Resume Notice Procedure . .241
In Re: Water Rights of King Consolidated Ditch Co., Case No. 09SA374 (Colo. 2011).
Idaho Supreme Court Finds Interference with an Irrigation Ditch May Be Compensable Even if Water Flow Was Not Affected243
Bratton v. Scott, ___P.3d.___, Case No. 36275 (Id. 2011).
Utah Court of Appeals Holds No Prescriptive Easement Can Be Acquired in a Natural Stream Bed to Carry Water that Is Naturally Tributary to
Stream244
Lowry v. G & L Enterprises, 2001 UT App 94, (Ut.App. 2011).
