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Western Water Law & Policy Reporter

February 2012

Volume 16, Number 4 February 2012

FEATURE ARTICLE

Washington Supreme Court Affirms Groundwater Permit Exemption for Stock Watering by Sarah Mack, Tupper | Mack | Wells, Seattle, Washington99

FLOOD CONTROL DEVELOPMENTS

California Department of Water Resources Releases Draft Central Valley Flood Protection Plan104

Burgeoning California Coalition Explores a New Agricultural Flood Hazard Area

under the National Flood Insurance Program106

LEGISLATIVE DEVELOPMENTS

President Obama Signs into Law Appropriations Bill Containing Language by U.S. Senator Feinstein Lifting Prior Ban on CVP Water Transfers108

LAWSUITS FILED OR PENDING

Idaho Couple’s Clean Water Act Arguments Seemingly Well Received by U.S. Supreme Court in Sackett v. U.S. Environmental Protection Agency110

JUDICIAL DEVELOPMENTS

Federal:

District Court Finds EPA Is Responsible for Approving Section 303 Lists of Impaired Bodies of Water under the Clean Water Act114

Barnum Timber Co. v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No, C 08-01988 (N.D. Cal. Dec. 16, 2011).

District Court Denies Request for Injunction Where Conservation Groups Fail to Show Water Pumping Irreparably Harmed Protected Species116

Wild Equity Institute v. City and County of San Francisco, ___F.Supp.2d___, Case No. C 11-00958 SI (N.D. Cal. 2011).

State:

California Supreme Court Ruling Requires Dissolution of State Redevelopment Agencies117

California Redevelopment Association v. Matosantos, ___Cal.4th___, Case No. S194861 (Dec. 29, 2011).

New Mexico Court of Appeals Rules County Water Utility Authority Must File Formal Application to Appropriate Native Rio Grande Water for Drinking Water Project119

Carangelo et al. v. Albuquerque-Bernalillo County Water Utility Authority, Case No. 26,757 (N.M.App. 2011).

Texas Flooding and Altered Water Course Results in Flood Liability for Damage to Structures, but Not for Alleged Diminution in Property Value122

Contreras v. Bennett, Case No. 08-09-00321-CV (Tex.App. Dec. 22, 2011).