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Western Water Law & Policy Reporter

September 2012

Volume 16, Number 10 September 2012

FEATURE ARTICLE

U.S. Senators from Arizona Introduce ‘Navajo-Hopi Little Colorado River Water Rights Settlement Act of 2012’—But Is This Still Viable? by Lee A. Storey, Esq., Ballard Spahr, LLP, Phoenix, Arizona287

WESTERN WATER NEWS

National Flood Insurance Program Finally Reauthorized291

Update on Kirtland Air Force Base Jet Fuel Spill in Albuquerque, New Mexico Area Aquifer292

REGULATORY DEVELOPMENTS

Joint State and Federal Recommendations Seek a New Direction for California’s Bay Delta Conservation Plan294

Idaho Department of Water Resources Denies Bear River Dam Applica-

tion296

Oregon’s Final Integrated Water Resources Strategy: A Thorough Roadmap for the Future298

Washington State Pollution Control Hearings Board Applies New Standards for Water Rights Permit Extensions300

LAWSUITS FILED OR PENDING

U.S. Supreme Court to Review Two Ninth Circuit Decisions on Clean Water Act303

Texas Water Supply Agency Asks U.S. Supreme Court to Strike Down Oklahoma Laws Restricting Out-Of-State Water Exports—Supreme Court Asks Solicitor General’s Office to Comment305

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Upholds Environmental Appeals Board Decision to Decline Review of NPDES Permit Reissuance Was Appropriate308

Native Village of Kivalina Ira, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 11-70776 (9th Cir. July 14, 2012).

Ninth Circuit Defers to Army Corps’ Interpretation and Application of Its Regulations and Permitting Process in Dam Reconstruction Case310

Snoqualmie Valley Preservation Alliance v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 11-35459 (9th Cir. June 26, 2012).

State:

California Appellate Court Finds Gated Community Wins Battle for Exclusive Access to San Joaquin River312

Summer Hill Homeowners’ Association v. Rio Mesa Holdings, LLC, ___Cal.App.th___, Case No. F058617 (5th Dist. 2012).

Public Recreational Easement in Waters of the State of Utah Further Confirmed by State District

Court313

Utah Stream Access Coalition v. ATC Realty Sixteen, Inc., Case No. 100500558 (4th Dist, Wasatch County 2012).