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Western Water Law & Policy Reporter

December 2012

Volume 17, Number 2 December 2012


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


Colorado Legislative Council’s Water Resources Review Committee Releases Six Water-Related Bills for Legislature’s Consideration36


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


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



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


U.S. v. ConocoPhillips Company, ___F.Supp.2d___, Case No. W-11-CV-167 (W.D. Tx. Sept. 30, 2012).


California Court Finds Indirect Discharge through Ephemeral Drainages Violates the Clean Water Act—Even if Drainages Not ‘Waters of the United


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).