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Western Water Law & Policy Reporter

October 2012

Volume 16, Number 11 October 2012


A Picture Perfect? EPA’s Integrated Municipal Stormwater and Wastewater Planning Approach Framework by Erica M. Zilioli, Esq., Beveridge and Diamond, P.C., Washington, D.C319


New Legislation Creates ‘Right to Water’ in California324

U.S. Army Corps of Engineers Declares California’s Central Valley Levees ‘Unacceptable’325


Economic Impacts of Designating Critical Habitat of Endangered Species Would Get Closer Review under Rule Proposed by Fish and Wildlife Service and NMFS328

California State Water Resources Control Board Proposes General Order for ASR Projects that Inject Drinking Water into Groundwater329



Ninth Circuit Upholds Regulations Authorizing Incidental Take of Polar Bears and Pacific Walruses for Oil and Gas Exploration in Alaska332

Center for Biological Diversity v. Salazar, ___F.3d___, Case No. 10-35123 (9th Cir. Aug. 21, 2012).

U.S. District Court Rejects Mining Exploration Plans over Groundwater Concerns334

Idaho Conservation League, et al. v. U.S. Forest Service, et al.,___F.Supp.2d___, Case No. 1:11-CV-00341-EJL (D. Id. Aug. 29, 2012).


Arizona Supreme Court Rejects State’s Claim for Federal Reserved Water Rights335

In Re General Adjudication of All Rights to Use Water in the Gila River System and Source, Case No. WC-11-0001-IR (Arizona Sept. 13, 2012).

Colorado State Court Reverses Board of Commissioners’ Decision that Allowed Developer to Prove Adequate Water Supply after Planned-Development Approval338

Chatfield Community Association, et al. v. Board of County Commissioners of Douglas County, Case No. 11CV1437 (Douglas County Dist. Ct. Aug. 22, 2012).

Montana Supreme Court Reverses Water Rights Decision Involving Hydrological Connection339

Fellows v. Office of Water Commissioner, 2012 MT 169 (Mont. Aug. 10, 2012).

New Mexico: Update on Lower Rio Grande Adjudication—State Court Rules United States Has No Groundwater Rights341

State of New Mexico v. Elephant Butte Irrigation District, Case No. CV-96-888 (Stream System Issue SS-97-104) (N.M. 3rd Jud. Dist. Aug. 16, 2012).

Deference to Department of Ecology’s Technical Judgments Declines as Washington State Court of Appeals Boosts Pollution Control Hearings Board Authority343

Rosemere Neighborhood Association, et al. v. Washington Department of Ecology, et al., ___P.3d___ , Case No. 41833-9 (Court of Appeals Division II, Sept. 25, 2012).