Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Western Water Law & Policy Reporter

May 2012

Volume 16, Number 7 May 2012


Riding the Wave of Recycled Water: Developments in Recycled Water Projects and Addressing Related Water Supply Issues by Maya R. Ferry Stafford, Esq., Downey Brand, Sacramento, California191


National Report Calls For Integrated Approach to Address Mosaic of Impacts on California’s Bay Delta Ecosystem196


Federal Agencies Receive Comments On Modified Definition of Endangered Species198 

U.S. Fish and Wildlife Service Identifies San Francisco Bay-Delta Longfin Smelt as a Candidate Species for Endangered Species Act Protection200

Update on the Arizona Water Resources Development Commission201


Colorado Permits the First U.S. Uranium Mine in 30 Years on a Site between Two Rivers—Conservation Group Sues to Revoke Permit204



The View from Idaho—Another Look at the Sackett Decision206

Sackett v. U.S. Environmental Protection Agency, ___U.S.___, Opinion No. 10-1062 (Mar 21, 2012).

Fifth Circuit Finds EPA’s Veto of the Yazoo Pump Station Was Proper under the Clean Water Act Section 404(c)208

Board of Mississippi Levee Commissioners v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-60302 (5th Cir. Mar. 6, 2012).

District Court Holds Nonprofit Corporation Has Standing to Sue for Alleged Violations of the Clean Water Act210

California Sportfishing Protection Alliance v. All Star Auto Wrecking, ___F.Supp.2d___, Case No. 2:11-CV-1771 JAM-CKD (E.D. Cal. Mar. 16, 2012).

District Court Holds EPA Lacked the Authority to Revoke an Army Corps Authorized Clean Water Act Section 404 Permit212

Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 10-0541(D. D.C. Mar. 23, 2012).

District Court Finds EPA Must Review Nonpoint Source Provisions Affecting State Water Quality Standards214

Northwest Environmental Advocates v. U.S. Environmental Protection Agency, ___F.Supp.2d___, Case No. 3:05-cv-01876-AC (D. Or. 2012).


Texas Supreme Court Holds Land Ownership Includes Interest in Groundwater in Place, which Cannot Be Taken for Public Use without Adequate Compensation216

Edwards Aquifer Authority v. Day, Case No. 08-0964 (Tex. 2012).

Utah Supreme Court Confirms that Open Canals May Be Enclosed to Install Necessary Improved Structures217

Stern v. Metropolitan Water District of Salt Lake & Sandy, 2012 UT 16 (UT. Mar. 20, 2012).