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Western Water Law & Policy Reporter

February 2013

Volume 17, Number 4 February 2013


The State of Texas Files Suit Against the State of New Mexico in U.S. Supreme Court over Alleged Rio Grande Compact Violations by Christina J. Bruff, Esq., Law 95


U.S. Geological Survey Technical Report Questions Efficacy of Conservation Practices99


NMFS Grants U.S. Army Corps Three More Years to Meet Salmon Restoration Deadlines in California’s Yuba River101

California Releases Draft Hydraulic Fracture Mining Regulations103

Will Oregon Adopt a Fee on Water Rights Violations?104



U.S. Supreme Court Clarifies Standards for Asserting an Inverse Condemnation Claim Based on Temporary Flooding107

Arkansas Game and Fish Commission v. U.S., ___U.S.___, Case No. 11-597 (U.S. Dec. 2012).

U.S. Supreme Court Reverses Ninth Circuit and Reaffirms Water Transfer Precedent108

Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., ___U.S.___, Case No. 11–460 (U.S. Jan. 8, 2013).

District Court Holds Asarco Preserved and Timely Pursued Its CERCLA Contribution Claims110

Asarco LLC v. Atlantic Richfield Company, ___F.Supp.2d___, Case No. CV 12-53-H-DLC (D. Mont. Nov. 30, 2012).

U.S. District Court Vacates the U.S. Forest Service’s 2012 Interim Directive and Upholds Ski Area Controlled Water Rights—For Now112

National Ski Areas Association, Inc. v. U.S. Forest Service, ___F.Supp.2d___, Case No. 12-cv-00048-WJM (D. Colo. Dec. 19, 2012).

District Court Imposes CERCLA Liability for Canadian Plant’s Indirect Disposal of Hazardous Substances into U.S. Waters114

Pakootas v. Teck Cominco Metals, Ltd., ___F.Supp.2d___, Case No. CV-04-256-LRS (E.D. Wash. Dec. 14, 2012).

District Court Finds CERCLA Successor Liability Claims May Proceed to Trial to Determine After-Liability of Corporate Successor-in-Interest117

U.S. v. Marmon Holdings, Inc., ___F.Supp.2d___, Case Nos. 2:10-CV-00526-EJL (D. Id. Dec. 5, 2012).


California Court of Appeal Finds Water Supply Assessments Not Actionable until Completion of Environmental Review Process119

Habitat and Watershed Caretakers v. City of Santa Cruz, ___Cal.App.4th___, Case No. H037545 (Cal.App. 2012).

Utah Court of Appeals Rules on Standing to Contest Special Assessment Levied by Special Service District and on Limitations to Recover Past Due Service


B V Lending and B V Jordanelle, LLC v. Jordanelle Special Service District, 2013 UT App 9 (Ut.Ap. Jan. 10, 2013).