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Western Water Law & Policy Reporter

October 2013

Volume 17, Number 11 October 2013


Food and Drug Administration Proposes New Water Quality Standards for Agricultural Water319

U.S. Bureau of Reclamation Revises Its Water Contract Policy Manual . .321

Economic Impacts of Designating Critical Habitat for Endangered Species Get Earlier Review under New Rule323

Changes in FEMA’s National Flood Insurance Program Focus on Risk-Based Rates and Financial Stability of Program324


Session Adjourned: A Review of 2013 Water Related Legislation in



Indian Tribe Files Suit in U.S. District Court in California Asserting Paramount Aboriginal Rights to Water in the Coachella Valley329



D.C. Circuit Compels Nuclear Regulatory Commission to Resume Yucca Mountain Nevada Nuclear Waste Storage Licensing Proceedings331

In re Aiken County, ___F.3d___, Case No. 11-1271 (D.C. Cir. Aug. 13, 2013).

Ninth Circuit Finds NPDES Permit Compliance Monitoring Establishes Appellees’ Clean Water Act Liability333

Natural Resources Defense Council, Inc. v. County of Los Angeles, ___F.3d___, Case No. 10-56017 (9th Cir. Aug. 8, 2013).

Seventh Circuit Finds Clean Water Act’s ‘Permit Shield’ Applies to a Facially Valid Permitwhere the Holder Lacks Notice of Potential Invalidity335

Wisconsin Resources Protection Council v. Flambeau Mining Company, ___F.3d___, Case No. 12-2969 (7th Cir. Aug. 15, 2013).

U.S. District Court Allows Partial Flow Augmentation Releases from Trinity Reservoir338

San Luis & Delta-Mendota Water Authority, et al. v. Jewell, et al., ___F.Supp.2d___, Case No. 1:13-CV-01232-LJO-GSA (E.D. Cal. Aug. 22, 2013).


California Court of Appeal Holds the State Water Board Has Jurisdiction to Issue Cease and Desist Order for Illegal Diversions When Diverter Claims Riparian or Pre-1914 Appropriative Rights340

Young v. State Water Resources Control Board, Defendant and Appellant, ___Cal.App.4th___, Case No. C068559 (3rd Dist. Sept. 4, 2013).

Colorado Supreme Court Applies Anti-Speculation and Can-and-Will Doctrines to Settle Water Dispute in Northwestern Colorado342

Vermillion Ranch Limited Partnership v. Raftopoulos Brothers, Case No. 11SA86 (Colo. 2013); Raftopoulos Brothers v. Vermillion Ranch Limited Partnership, Case No. 11SA124 (Colo. 2013).

Utah Supreme Court Holds that Partial Forfeiture Has Always Been a Part of the Prior Appropriation Doctrine in the State344

Delta Canal Co., Melville Irrigation Co., Abraham Irrigation Co., Deseret Irrigation Company, and Central Utah Water Company v. Frank Vincent Family Ranch, LC, 2013 Utah 54 (Ut. Aug. 16, 2013).