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Western Water Law & Policy Reporter

March 2013

Volume 17, Number 5 March 2013


A Big Deal—The Ninth Circuit Preserves the Bargain that Made the CVP by Steve Saxton, Esq., Downey Brand LLP, Sacramento, California127


Several Water-Related Bill Will Be Addressed During the Arizona State Legislature’s 2013 Session133

Multiple Water-Related Bills Proposed in the Oregon Legislature135


California State Water Resources Control Board Releases Draft Substitute Environmental Document on Changes to the Bay-Delta Plan137

Nevada State Engineer Moves Forward with Carbonate Aquifer Applica-


San Francisco PUC Agrees to Prevent the Draining of Hetch Hetchy Reservoir without Approval from Water Users Outside of San Francisco141



District Court Allocates 40 Percent of CERCLA Munitions Site Soil and Groundwater Remediation Costs to the United States143

American International Specialty Lines Insurance Company v. U.S., ___F.Supp.2d___, Case No. CV09-01734 (C.D. Cal. Jan. 9, 2013).

Land Use Battle in the Mountains—California Court of Appeal Fields CEQA and Tahoe Regional Planning Compact Issues for Ski Resort Expansion . .146

Sierra Club v. Tahoe Regional Planning Agency, ___F.Supp.2d___, Case No. 2:2012cv00044 (E.D. Cal. Jan. 4, 2013).

District Court Finds ‘Navigable Waters of the United States’ Does Not Mean ‘Traditionally Navigable Waters’ In Section 311 of the Clean Water Act . .148

U.S. v. HVI Cat Canyon (Greka), ___F.Supp.2d___, Case No. 11-05097, Amended Order (C.D. Cal. Jan. 16, 2013).


Texas Appellate Court Denies City Immunity in Takings Claim Based on Damages Caused by Drainage System150

City of El Paso v. Mazie’s L.P., Case No. 08-11-00233-CV (Tex.App. filed Dec. 19, 2012).

Washington Pollution Control Hearings Board Rules Spokane Wastewater Reclamation Facility Is a ‘New Discharger’152

Sierra Club, et al. v. Washington Department of Ecology and Spokane County, PCHB Case No. 11-184, Order Granting Partial Summary Judgment (Jan. 8, 2013).