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Western Water Law & Policy Reporter

November 2013

Volume 18, Number 1 November 2013


When Floodwaters Recede—The Intersection of Colorado Water Rights Law, Infrastructure and a 1,000-Year Rain Event3


Legislation and Lawsuit Attempt to Delay Higher National Flood Insurance Program Rates6

California Adopts SB 4, Which Imposes Intensive Regulation of ‘Fracking’—but Rejects an Outright Ban7


EPA and U.S. Army Corps Propose New Regulations Defining Federal Jurisdiction under Sections 402 and 404 of the Clean Water Act11

Technical Work Group, Including the Central Arizona Project, Submits Proposal to EPA to Address Reduction of Air Emissions from Coal-Fired Electrical Generation13

Draft 2013 California Water Plan Update Released by the Department of Water Resources14


Klamath River Basin Adjudication Update—Litigation Continues, Settlement Talks Commence17

San Juan River Adjudication Update—District Court Grants Settlement Motion Paving Way for Entry of Partial Final Decrees Adjudicating Water Rights of the Navajo Nation18



District Court Opens the Door For Another Court to Require EPA to Promulgate Rules on the Gulf of Mexico’s ‘Dead Zone’22

Gulf Restoration Network v. Jackson, ___F. Supp.2d___, Case No.12-6772013 (E.D. La. Sept. 20, 2013).

District Court Finds NMFS Abused Its Discretion in Authorizing the Incidental Take of Marine Mammals during Anti-Submarine Warfare Exercises23

InterTribal Sinkyone Wilderness Council v. National Marine Fisheries Service, ___F.Supp.2d___, Case No 1:12-cv-00420 (N.D. Cal. Sept. 26, 2013).


Texas Supreme Court Finds Commission Appropriately Denied Request for Contested Case Hearing on Dairy’s Amended Water Quality Permit Applica-


Texas Commission on Environmental Quality v. City of Waco, Case No. 11-0729 (Tex. Aug. 23, 2013).

Utah Supreme Court Reverses Appellate Court—Finds that Expert Testimony Was Required for Plaintiff to Establish a Duty of Care and Breach Relating to a Water Pipeline Break27

Jenkins v. Jordan Valley Water Conservancy District, 2013 UT 59 (Ut. Oct. 1, 2013).

Washington State Growth Management Appeals Board Wades into Water Law28

Hirst v. Whatcom County, Case No. 12-2-0013 (Wash. GMBH 2013).