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Western Water Law & Policy Reporter

February 2014

Volume 18, Number 4 February 2014


Compliance with California’s Proposition 218—Reviewing Water Cost of Service and Rate Studies by Kelly J. Salt, Esq., Best, Best 99


California Governor Brown Declares State of Emergency—Drought Declaration Can Provide Tools, Funds for Dealing With Dry Conditions—But Not Rain106


California Bay Delta Conservation Plan Draft and Draft Environmental Impact Report/Statement Released for Public Review108

Washington State Department of Ecology Launches Rulemaking for Spokane River Instream Flow110



Federal Circuit Affirms $5.8 Million Judgment for Temporary Taking of Property by Flooding112

Arkansas Game and Fish Commission v. U.S., ___F.3d___, Case No. 9-5121 (Fed. Cir. Dec. 3, 2013).

Ninth Circuit Upholds Grant of Summary Judgment to Army Corps under the Clean Water Act and National Environmental Policy Act113

Jones III v. National Marine Fisheries Service, ___F.3d___, Case No. 11–35954 (9th Cir. Dec. 20, 2013).

Federal Claims Court Holds that the U.S. Army Corps’ Failure to Adjust Wetlands Credit Composition Exposes It to Contractual Liability and Presumed Monetary Damages115

Davis Wetlands Bank, LLC. v. U.S., ___F.Supp.2d___, Case No. 13-268 C (Fed. Ct. Cl. Dec. 16, 2013).

District Court Dismisses as Premature Plaintiffs’ Challenge to Potential Chesapeake Bay Clean Water Act TMDL Water Pollution Trading Program117

Food and Water Watch and Friends of the Earth v. U.S. Environmental Protection Agency, et al., ___F.Supp.2d___, Case No. 12-1639 (D. D.C. Dec. 13, 2013).

District Court in Washington Allows Clean Water Act Case to Proceed Based on Allegations of Widespread Discharges from Coal Trains120

Sierra Club v. BNSF Railway Co., Case No. 13-cv-00272 (E.D. Wash. 2013).


Colorado Supreme Court Clarifies that Holdover Provision of Water Conservancy Act allows District Directors to Authorize Water Court Filing after Their Term Expired122

Yellow Jacket Water Conservancy District v. Livingston, Case No. 11SA306 (Colo. Dec. 23, 2013).

Oregon Court of Appeals Holds that a Permit Extension Should Have Contained Certain Conditions Before the Permit Holder Perfected Its Water


WaterWatch of Oregon, Inc. v. Oregon Water Resources Department, Case No. A147071 (Or.App. Dec. 2013).

Las Vegas’ Quest for Intra-State Water Blocked Again—District Court Grant’s Petition to Review State Engineer’s Decision to Allow State’s Largest Inter-Basin Water Transfer125

White Pine County et al., v. King, Case No. CV1204049 (7th Judicial Dist. Ct. Dec. 10, 2013).