FEATURE ARTICLE
‘Prevention, Not Enforcement’—The Conundrum of ‘Regulation’ Between Water Rights In Washington State by Sarah Mack, Esq., Tupper | Mack | Jensen | Wells, PLLC, Seattle, Washington283
WESTERN WATER NEWS
Can Water Be Too Clean—University of Idaho Study Addresses the Juncture between the Clean Water Act and Endangered Species Act289
Cities Consider Privatizing Water Systems in Difficult Times291
Climate Change and Its Impact on the West Coast Vineyard Map292
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update294
REGULATORY DEVELOPMENTS
Klamath River Basin Adjudication Nears Critical Juncture, but Is Far from Complete296
California Implements Emergency Agricultural Water Measurement Regulations297
LAWSUITS FILED OR PENDING
Environmental Groups Seek to Intervene in Lawsuit over the Scope of California DFG’s Authority to Regulate Streambed Diversions300
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Holds Citizen Suit under CERCLA for River Discharges Cannot Be Used to Enforce Violations of EPA Administrative Order302
Pakootas v. Teck Cominco Metals, Ltd., ___F.3d___, Case No. 08-35951 (9th Cir. July 1, 2011).
Ninth Circuit Finds Railroads Not Liable Pursuant to State or Federal Theories of Recovery for Groundwater Contamination under their Tracks304
Redevelopment Agency of the City of Stockton v. BNSF Railway Company, ___F.3d___, Case Nos. 09-16585, 009-16739, 09-17640 (9th Cir. June 28, 2011).
State:
Colorado Supreme Court Rejects Water District Application for Conditional Water Rights under Anti-Speculation Doctrine306
Upper Yampa Water Conservancy District v. Dequine Family, LLC, 249 P.3d 794 (Colo. 2011).
Utah Supreme Court Addresses Limits of State Engineer’s Administrative Review in Change Applications—And Holds that Parties with Contractual Rights to Water May File Change Applications308
Jensen v. Jones, 2011 UT 31, (Utah June 17, 2011);
Salt Lake City Corporation v. Big Ditch Irrigation Company, 2011 UT 33 (Utah June 28, 2011).
