WESTERN WATER NEWS
Proposed Water Deal Between Mexico and the U.S. May Signal a Change for Water Deliveries on the Colorado River System31
National Academy of Sciences Offers Advice to the U.S. Army Corps on Aging Infrastructure32
New Stanford University Study Finds Snowpack Shrinking Faster than Previously Believed34
LEGISLATIVE DEVELOPMENTS
Colorado Legislative Council’s Water Resources Review Committee Releases Six Water-Related Bills for Legislature’s Consideration36
REGULATORY DEVELOPMENTS
The Arizona Water Settlement Act in Action—Late 2012 Update38
Washington’s Pollution Control Hearings Board Holds Puddles Are Not ‘Waters of the State’ under Washington’s Water Pollution Control Act39
LAWSUITS FILED OR PENDING
U.S. District Court in California Allows Lawsuit Challenging Water Export Reduction Order to Proceed on the Merits43
California Lawsuit Seeks to Compel More Comprehensive Analysis for Hydraulic Fracturing Mining Permits while the Legislature Proposes More Disclosure of Fracking Details44
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Grants Review of Ruby Pipeline Project Authorization Based on Unenforceable Conservation Measures47
Center for Biological Diversity v. U.S. Bureau of Land Management, ___F.3d___, Case Nos. 10-72356, 10-72552, 10-72762, 10-72768, 10-72775 (9th Cir. Oct. 22, 2012).
Eleventh Circuit Finds It Lacks Original Jurisdiction over EPA Rules Granting General Permitting Exemptions under the Clean Water Act48
Friends of the Everglades v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 08-13652 (11th Cir. Oct. 26, 2012).
District Court in California Finds City’s Claims against Dry Cleaning Equipment Manufacturer Untimely under CERCLA’s Discovery Rule50
Lewis v. Russell, ___F.Supp.2d___, Case No. 2:03-2646 (E.D. Cal. Oct. 3, 2012).
District Court in Nevada Upholds Decision of State Engineer to Deny Change in Place of Use of Carson River Water Rights52
U.S. v. Alpine Land & Reservoir Co, et al, ___F.Supp.2d___, Case No. 3:73-CV-283 (D. Nev. Sept. 24, 2012).
District Court in Texas Finds Contractor Not Liable for CERCLA Cleanup Costs for Soil and Water
Contamination by Sufficiently Broad Contract
Clause53
U.S. v. ConocoPhillips Company, ___F.Supp.2d___, Case No. W-11-CV-167 (W.D. Tx. Sept. 30, 2012).
State:
California Court Finds Indirect Discharge through Ephemeral Drainages Violates the Clean Water Act—Even if Drainages Not ‘Waters of the United
States’56
Garland v. Central Valley Regional Water Quality Control Board, ___Cal.App.4th___, Case No. C067130 (Cal.App. Oct. 24, 2012).
New Mexico Supreme Court Reverses Lower Courts Concluding State Engineer Rules Aimed at Expanding Water Rights Priority Determinations Are Constitutional57
Tri-State Generation et al. v. John D’Antonio, Jr. New Mexico State Engineer, Case No. 32,704 (N. Mex. Nov. 1, 2012).
