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Western Water Law & Policy Reporter

June 2012

Volume 16, Number 8 June 2012


New Mexico’s Governor Declares Entirety of State in Drought223


Several Bills Are Pending on Delta Issues before the California State Legislature226

Idaho Senators Join Congressional Efforts to Curb EPA Powers Regarding Water Resource-Related Matters228


Washington State Department of Ecology Proposes New Management Rule for Dungeness Watershed230


Endangered Species Act Challenges to the National Flood Insurance Program Continue to Evolve—U.S. District Court Denies Motion to Enjoin Implementation of the Program in Puget Sound232

Lawsuits Fly over New California Department of Fish and Game Suction Dredging Regulations234



Fifth Circuit Holds Active Prosecution of Clean Water Act Violations by Federal or State Agency Is Not a Jurisdictional Bar to Citizen Suit Enforcement236

Louisiana Environmental. Action Network v. City of Baton Rouge, ­­­___F.3d___, Case No. 11-30549 (5th Cir. Apr. 17, 2012)

District Court Approves Settlement between Delta Water Users and FEMA Concerning ESA Compliance for the National Flood Insurance Program238

Coalition for a Sustainable Delta and Kern County Water Agency v. Federal Emergency Management Agency,, ___F.Supp.2d___, Case No. 1:09-cv-02024-LJO-BAM (E.D. Cal. 2012).

District Court Rejects Challenge to Department of the Interior’s Approval of the Colorado River Water Delivery Agreement241

People of the State of California ex rel. Imperial County Air Pollution Control District, et al., v. U.S. Department of the Interior, et al., ___F.Supp.2d___, Case No. 09CV2233 AJB (PCL) (S.D. Cal. Apr. 6, 2012).

District Court Finds Liability under CERLA Is Joint and Several Unless there Is Clear Proof that the Harm Is Divisible244

Pakootas v. Teck Cominco Metals, Ltd, ___F.Supp.2d___, Case No. CV-04-256-LRS (E.D. Wash. Apr. 4, 2012).


Colorado Public Trust Doctrine State Ballot Initiatives Are One Step Closer to Appearing on November Ballot with Sate Supreme Court Ruling246

In the Matter of the Title, Ballot Title, and Submission Clause for 2011–2012 #3: Kemper v. Hamilton, Case No. 12SA8 (Colo. April 16, 2012) and In the Matter of the Title, Ballot Title, and Submission Clause for 2011–2012 #45: Kemper v. Hamilton, Case No. 12SA22 (Colo. April 16, 2012)

Both Consumptive and Non-Consumptive Use of Water May Be Considered Beneficial Use under New Mexico Law248

Carangelo v. Albuquerque-Bernalillo County Water Util. Auth., Case No. 26,757 (N.M.App. Mar. 29, 2012).