FEATURE ARTICLE
Colorado Issues Mandatory Chemical Disclosure Rules for Hydraulic
Fracking by Paul Noto and Laurie Stern, Patrick, Miller 127
WESTERN WATER NEWS
California Fish and Game Issues 60-Day Notice to U.S. Army Corps over Its Levee Vegetation Policy132
Idaho Municipalities Struggle to Implement Stormwater Funding Mechanisms in the Wake of a State Supreme Court Decision134
FLOOD CONTROL DEVELOPMENTS
California Flood Protection Board Poised to Adopt Comprehensive Flood Management Plan136
LEGISLATIVE DEVELOPMENTS
Legislation Requires Arizona Department of Water Resources Funding to Be Shifted to Local Municipalities—New Bill Seeks to Reverse the Funding Mechanism138
REGULATORY DEVELOPMENTS
California Regional Water Quality Control Board Moves Forward with Conditional Waiver of Waste Discharge Requirements for Vineyard Facilities in Napa County140
LAWSUITS FILED OR PENDING
Colorado Ski Areas Sue in U.S. District Court to Stop Forest Service from Taking Ski Area-Controlled Water Rights142
JUDICIAL DEVELOPMENTS
Federal:
District Court Rules on Validity of 50 Affirmative Defenses Asserted under CERCLA for Groundwater Basin Contamination145
City of Colton v. American Promotional Events, Inc., ___F.Supp.2d___, Case No. ED CV 09-01864 PSG (C.D. Cal. Jan. 5, 2012).
District Court Holds Defendant’s Attempt to Relinquish Its Interest in an NPDES Permitted Site Is Not a Defense to a Clean Water Act Citizen Suit147
Idaho Conservation League v. Atlanta Gold Corporation, ___F.Supp.2d___, Case No. 1:11-cv-161-MHW (D. Id. Jan. 9, 2012).
Claims Court Strikes Down Takings Claim for Corps’ Denial of CWA Section 404 Fill Permit because Applicants Failed to Address Alternative Sites149
Mehaffy v. U.S., Case No. 09-860L (Fed. Cl. Jan. 10, 2012).
State:
Idaho Supreme Court Finds City Can Use Interconnected Wells as Alternate Points of Diversion Only if It Does Not Change Priority Date or Quantity of Water Pumped from Each Well151
City of Pocatello v. State of Idaho, Snake River Basin Adjudication Case No. 39576, S. Ct Case No. 37723–2010 (Idaho Jan. 5, 2012).
Utah Court of Appeals Holds Application of the Governmental Immunity Act Violates the Open Courts Provision of State Constitution152
Jenkins v. Jordan Valley Water Conservancy District, 2012 UT App. 1. (Ut. App. Jan. 6, 2012).
