Western Water Law & Policy Reporter

FEATURE ARTICLE

Ships that Pass in the Delta—The Public Trust and the Bay-Delta Conservation Plan/Delta Plan by Paul Stanton Kibel, Golden Gate University School of Law, San Francisco, California223

WESTERN WATER NEWS

U.S. District Court Approves Settlement Agreement Pointing towards Stricter Water Quality Standards for Temperature in Oregon Waters227

New Mexico Middle Rio Grande Valley Update: Environmental Group Issues Notice of Intent to Sue229

LEGISLATIVE DEVELOPMENTS

U.S. Senate Approves First Water Resources Development Act Since

2007231

REGULATORY DEVELOPMENTS

Arizona Department of Water Resources Is Developing Its Fourth Management Plan233

California Fish and Game Commission Adopts Salmon Regulations for

2013235

Idaho Department of Water Resources Now Deciding ‘Rangen, Inc. Delivery Call Dispute’ on the Eastern Snake Plain Aquifer236

LAWSUITS FILED OR PENDING

California Water Agency Challenges in U.S. District Court, Regulation Prohibiting Charges for Lessees on Tribal Land239

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Finds Energy Industry Association Lacked Standing to Intervene in Clean Water Act Suit against EPA241

Defenders of Wildlife, et al. v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-5122 (D.C. Cir. Apr. 23, 2013).

Sixth Circuit Bankruptcy Appellate Panel Finds Lower Court Applied Incorrect Standard to Claims for Water Discharge from Mining Operation243

In re Appalachian Fuels, LLC, Case No. 12-8026, (B.A.P. 6th Cir. Apr. 19, 2013).

D.C. Circuit Holds EPA May Revoke U.S. Army Corps’ Granted Clean Water Act §404(a) Disposal Permits244

Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 12-5150 (D.C. Cir. Apr. 23, 2013).

To Frack or Not to Frack: That Is the Question in California—District Court Strikes Down BLM Approved Oil and Gas Leases246

Center for Biological Diversity, et al. v. U.S. Bureau of Land Management, et al., ___F.Supp.2d___, Case No. C-11-06174 PSG (N.D. Cal. Mar. 31, 2013).

State:

Montana Supreme Court Rejects Water Right Amendment Based on Predecessor’s Alleged Mistake248

Weinheimer Ranch v. Pospisil, 369 Mont. 419 (Mt. 2013).

Oklahoma Supreme Court Requires Disclosure of Ex Parte Communications between Agency, General Counsel and the USGS in Water Rights Determin-tion250

Arbuckle Simpson Aquifer Protection Federation of Oklahoma, Inc. v. Oklahoma Water Resources Board, 2013 OK 29 (Okla. Apr. 23, 2013).