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Western Water Law & Policy Reporter

April 2012

Volume 16, Number 6 April 2012


Federal Claims Court Holds United States Did Not ‘Take’ a Water District’s Property Interest by Requiring the District to Allocate Water to Benefit an Endangered Species by Roderick Walston, Best, Best 159


Fifth Circuit Holds U.S. Army Corps Can Be Liable for Flood Damages from Hurricane Katrina166


Washington State Enacts Relinquishment Exception for Water Right Change Applications168


U.S. Fish and Wildlife Service Designates over 10,000 Acres throughout New Mexico and Arizona as Critical Habitat under the ESA for the Threatened Chiricahua Leopard Frog171

FERC Rejects Colorado Businessman’s Pipeline Plan to Pump Water from Wyoming’s Green River to Colorado’s Front Range173

California Natural Resources Agency Releases Draft Bay-Delta Planning Documents175



U.S. Supreme Court Rejects Montana’s Claim to Rents Associated with Hydroelectric Dam on Non-Navigable Riverbeds177

PPL Montana, LLC v. State of Montana, __U.S.___, Case No. 10-218 (Feb. 22, 2012).

U.S. Supreme Court Decides a Clean Water Act Compliance Order Can Be Challenged in Court Prior to an EPA Enforcement Action179

Sackett v. U.S. Environmental Protection Agency, 566 U.S. __, Case No. 10-1062 (Mar. 21, 2012).

Ninth Circuit Upholds Oregon’s State Measure 49 Against Takings Challenges180

Bowers v. Whitman, ___F.3d___, Case Nos. 10-35966, 10-36029 (9th Cir. Jan. 12, 2012).

Ninth Circuit Affirms Bureau of Reclamation’s Discretion in Accounting for Water Released for Fish, Wildlife and Restoration Activities183

San Luis & Delta-Mendota Water Authority v. U.S., ___F.3d___, Case No. 09-17594 (9th Cir. Mar. 2, 2012).

Ninth Circuit Holds U.S. Forest Service Did Not Violate NEPA in Allowing a Ski Resort to Make Artificial Snow with Reclaimed Water185

The Save the Peaks Coalition v. U.S. Forest Service, ___F.3d___, Case No. 10–17896 (9th Cir. Feb 9, 2012).