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Western Water Law & Policy Reporter

July 2011

Volume 15, Number 9 July 2011


Revenue Limitations and the ESA—Enforcement on the Heels of the Great Recession: Proposed Listings, Critical Habitat Designations, Regional Economies and Jobs by Christina J. Bruff, Law 251


Flood Control Management and Liability Update256


California’s Delta Stewardship Council Issues Fourth Draft of Delta Plan and Accepts Ag-Urban Coalition Alternative Delta Plan258


U.S. District Court Revises Federal Agencies’ Deadlines for New Delta Smelt BiOp and Schedules Hearing Regarding ‘Fall X2’ Measures261

Major Settlement Reached Regarding Cleanup of North Idaho Superfund


Full-Season Commercial Salmon Fishing Season Is in Jeopardy by Federal Lawsuit264



U.S. Supreme Court Delivers Blow to Montana Claims under the Yellowstone River Compact266

State of Montana v State of Wyoming, ___ US___, 131 S.Ct. 1765, Case No. 137 Original (U.S. May 2, 2011).

Ninth Circuit Finds Stormwater Runoff From Logging Roads Is a Point Source Discharge Requiring a Clean Water Act NPDES Permit269

Northwest Environmental Defense Center v. Brown, ___F.3d___, Case No. 07-35266 (9th Cir. May 17, 2011).

District Court Holds California City May Be Liable under RCRA after Private Parties Dump Hazardous Waste into Leaky Sewer271

KFD Enterprises, Inc., v. City of Eureka, ___F.Supp.2d___, Case No. C 08-4571 MMC 2011 (N.D. Cal. 2011).


Curtailment of Tributary Groundwater Appropriations Made Prior to 1969 Water Rights Determination Act Held Not a Compensable Taking by Colorado’s High Court272

Kobobel v. State of Colorado, 249 P.3d 1127 (Colo. 2011).

Utah Supreme Court Holds Previously Recorded Purchase Contract May Not Provide Sufficient Record Notice to Defeat Subsequently Recorded Deed to Water Rights274

Haik, v. Sandy City, Case No. 20090451, 2011 Utah 26 (Ut. May 10, 2011).

California Court of Appeal Reverses Attorney’s Fee Award under California’s Private Attorney General Statute in State ESA Challenge276

Center for Biological Diversity v. California Fish and Game Commission, 195 Cal.App.4th 128 (1st Dist. 2011).