Western Water Law & Policy Reporter

FEATURE ARTICLE

U.S. Supreme Court to Hear Two Interstate Water Compact Disputes: A Preview of What’s to Come by Paul Noto, Esq. and Jason Groves, Patrick, Miller, Kropf and Noto, P.C., Aspen, Colorado159

WESTERN WATER NEWS

Stormwater Disconnection and Low Impact Development Trend Takes Root in Latest Boise, Idaho Area NPDES MS4 Permit165

LEGISLATIVE DEVELOPMENTS

2013 Utah General Legislative Session Water-Related Bills168

REGULATORY DEVELOPMENTS

Colorado Oil and Gas Conservation Commission Mandates Statewide Groundwater Sampling and Monitoring Near Drilling Sites170

LAWSUITS FILED OR PENDING

New Mexico Files Brief in Opposition to Texas’ Motion for Leave to File Complaint, Arguing Texas Should Not Be Allowed to Re-Write the Rio Grande Compact173

The Klamath Basin Adjudication Reaches a New Milestone in Oregon Circuit Court175

JUDICIAL DEVELOPMENTS

Federal:

Federal Circuit Court Holds that Appropriator’s Right to Divert Water for Storage Is Not a Distinct Property Interest under Federal Takings Jurisprudence178

Casitas Municipal Water District v. U.S., ___F.3d___, Case No. 2012-5033 (Fed Cir. Feb 27, 2013).

Court of Federal Claims Awards Damages to Water Districts for Breach of Water Supply Contracts180

Stockton East Water District v. U.S.; Central San Joaquin Water Conservation District v. U.S., ___F.Supp.2d___, Case No. 04-541L (Fed. Cl. Ct. Feb 28, 2013).

State:

Texas Court of Appeals Allows Flood Damage Claims Based on Selection of Less-Protective Flood Protection Plan183

Harris County Flood Control District, et al. v. Kerr, et al., Case No. 01-11-00014 (Tex.App. 1st Dist. Mar. 7, 2013).

Washington Supreme Court Brings Yakima

River Basin Adjudication ‘One Step Closer to Finality’184

Washington Department of Ecology v. Acquavella, et al., Case No. 86211-7 (Wash. Mar. 7, 2013).