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Western Water Law & Policy Reporter

January 2014

Volume 18, Number 3 January 2014


United States Urges U.S. Supreme Court to Allow Texas Suit against New Mexico and Colorado Respecting Rio Grande Water Compact Violations67

Klamath Basin Adjudication—Progress Made in Settlement Talks, More Work to Be Done68

When Rivers Change Course—In the Aftermath of the September 2013 Colorado Flood—An Update of the Statutory Right to Change the Point of Diversion without Going to a State Water Court71


EPA and U.S. Army Corps of Engineers Likely to Propose a New Rule Interpreting Clean Water Act Jurisdiction73

With the Snake River Basin Adjudication Winding Down the Idaho Department of Water Resources Begins Focusing on Future Administration Via Water Districts75

California’s Division of Oil, Gas and Geothermal Resources Issues Draft Regulations for Well Stimulation under SB 477

California State Auditor Confronts Salton Sea Restoration Cost Issues79

Foster v. Ecology—Another Look at ‘Overriding Considerations of the Public Interest’ in the State of Washington81



Sixth Circuit Finds Clean Water Act Does Not Impose on the Army Corps a Non-Discretionary Duty to Administer Permitting Program to Non-Appli-


Huron Mountain Club v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 12-2217 (6th Cir. Oct. 30, 2013).

District Court Dismisses CERCLA Claims against Groundwater Well Operator in the Absence of

an Allegation of the Disposal of Hazardous Mater-


Coppola v. Smith, ___F.Supp.2d___, Case No. 1:11-CV-1257 AWI BAM (E.D. Cal. Nov. 8, 2013).

District Court Declines to Exercise Jurisdiction over Claim Seeking to Compel Federal Agency to Withdraw Approval of State Mining Program89

Sierra Club v. Jewell, ___F.Supp.2d___, Case No. 1:12-cv-065 (D. N.D. Oct. 22, 2013).


New Mexico Court of Appeals Issues Revised Opinion Directing State Engineer to Reissue Water Utility Authority’s Permit to Divert Native Rio Grande Water Necessary for Drinking Water Project91

Carangelo et al. v. Albuquerque-Bernalillo County Water Utility Authority, Case No. 26,757 (N.M.App. Nov. 26, 2013).