WESTERN WATER NEWS
U.S. Supreme Court Hears Two Clean Water Act Cases63
President Obama Announces Federal Protection for Ocean Habitat65
Washington State Tackles Ocean Acidification66
LEGISLATIVE DEVELOPMENTS
The Countdown to Expiration of the Klamath Basin Restoration Agree-
ment70
REGULATORY DEVELOPMENTS
EPA Passes Rule Exempting Stormwater Discharges from Logging Roads from Clean Water Act NPDES Permitting Requirements72
NOAA’s National Marine Fisheries Service Announces Listing Protection under the ESA for Two Species of Arctic Seals73
Idaho Department of Water Resources Rejects Dam Project Appeal by the Twin Lakes Canal Company75
Oregon Agricultural Water Quality Report Shows Progress, Room for
More77
LAWSUITS FILED OR PENDING
Colorado Supreme Court Hears Oral Argument to Determine if State Water Conservancy Board Had Authority to File Applications for Diligence under Water Conservancy Act79
JUDICIAL DEVELOPMENTS
Federal:
Eleventh Circuit Finds District Court Lacked Jurisdiction to Enjoin a State Water Contract Dis-
pute81
Upper Chattahoochee Riverkeeper Fund, Inc. v. City of Atlanta, ___F.3d___, Case Nos. 10-10711, 10-10718 (11th Cir. Nov. 19, 2012).
State:
California Appellate Court Finds an NPDES Permit Issued for a Desalination Facility Does Not Violate the State Water Code84
Surfrider Foundation v. California Regional Water Quality Control Board, San Diego Region, Case No. D060382 (Cal.App. 4th Dist. Nov. 30, 2012).
Idaho Supreme Court Holds Irrigation Districts Do Not Need a Court Order to Remove Encroachments that Interfere with Irrigation Rights-of-Way86
Pioneer Irrigation District v. City of Caldwell, Case No. 37242 (Idaho Nov. 14, 2012).
Montana Supreme Court Finds a Unique Fishery Resource Coupled with an Existing Sediment Level Prohibits Use of a General Storm Water Permit87
Clark Fork Coalition v. Department of Environmental Quality, 366 Mont. 427 (Mt. Oct 29, 2012)
