FEATURE ARTICLE
Funding NPDES MS4 Permit Requirements to ‘The Maximum Extent Practicable’ by Rebecca Andrews, Best Best & Krieger LLP, San Diego,
California315
REGULATORY DEVELOPMENTS
U.S. Bureau of Reclamation Releases Draft Biological Assessment for Middle Rio Grande River Management and Re-initiates Formal Consultation with FWS321
Arizona Department of Water Resources Amends Assured Water Supply Rules to Allow Restoration of Irrigation Grandfathered Rights323
Colorado Water Conservation Board Unanimously Approves Seeking Appropriation of Minimum Instream Flows for the Colorado River325
Oregon Set to Enact Strict, New Water Quality Standards to Satisfy EPA and Confederated Tribes of Umatilla Reservation326
FLOOD CONTROL DEVELOPMENTS
Flood Control Management and Liability Update329
LAWSUITS FILED OR PENDING
U.S. Supreme Court Grants Idaho Couple’s Petition for Review of the Ninth Circuit’s Decision Barring Pre-Enforcement Review under the Clean Water Act331
U.S. District Court Judge Wanger Finds the U.S. Fish and Wildlife Service Acted in Bad Faith on California Delta Smelt Motion333
JUDICIAL DEVELOPMENTS
Federal:
District Court Addresses California’s Area of Origin Water Rules and the Central Valley Project335
Tehama-Colusa Canal Authority v. U.S. Department of the Interior, ___F.Supp.2d___, Case No. 1:10-cv-0712 OWW DLB (E.D. Cal. Sept 6, 2011).
State:
California Supreme Court Holds Renewal of Power Plant’s Cooling Water Intake Permit and ‘BTA’ Finding Premised on Cost-Benefit Comparison337
Voices of the Wetlands v. State Water Resources Control Board, ___Cal.4th___, 257 P.3d 81 (Cal. 2011).
Texas Supreme Court Finds a Claim for Trespass May Exist with Subsurface Migration of Water Injected in Well Permitted by State Act339
FPL Farming Ltd., Petitioner v. Environmental Processing Systems, L.C., Respondent, Case No. 09-1010 (Tx. Aug. 26, 2011).
Utah Supreme Court Reaffirms Rebuttable Nature of the Presumption of Non-Appurtenance for Shares in Water Companies342
Sanpete America LLC v. Willardsen, 2011 UT 48 (Ut. Aug. 16, 2011).
