Western Water Law & Policy Reporter
May 2014
Volume 18, Number 7
May 2014
FEATURE ARTICLE
The Rapanos Decision Revisited—EPA and the Corps of Engineers’ Proposed Rule Will Attempt to Clarify ‘Waters of the United States’ by Paul L. Noto, Esq., Patrick, Miller, Kropf and Noto, P.C., Aspen, Colorado and S. Chapin Lewis, Esq., Colorado191
WESTERN WATER NEWS
Water Rights Protection Act Passes through the House of Representatives—Moves to the Senate195
Drought and Subsidence Draw Attention to the Growing Need to Better Manage California’s Groundwater Supply196
REGULATORY DEVELOPMENTS
Changes to FEMA’s National Flood Insurance Program Focus on Premium Affordability and Risk-Based Rates Modification200
Idaho Department of Water Resources Mulling Whether Proposed Mitigation Plan Will Keep Junior Priority Groundwater Flowing to over 150,000
Acres202
LAWSUITS FILED OR PENDING
Texas Appeals Court Refuses to Dismiss Takings Claim Resulting from Landfill Related Flooding205
JUDICIAL DEVELOPMENTS
Federal:
Federal Claims Court Rules that Denial of a Clean Water Act Section 4 Permit Constitutes a Categorical ‘Taking’ under the Lucas and Penn Central Decisions207
Lost Tree Village Corporation v. U.S., Case No. 08-117l (Fed.Cl. Mar. 14, 2014).
District Court in Arizona Holds that Water Rights Case Must Include All Water Rights Holders if the Adjudication May Change Permitted Use208
Mohave Valley Irrigation & Drainage District v. HCJM, Inc., ___F.Supp.2d___, Case No. 3:13-cv-8269-HRH (D. Ariz. Mar. 13, 2014).
District Court Holds that Releases from Sandy River Fish Hatchery May Continue Despite ESA and NEPA Violations210
Native Fish Society v. National Marine Fisheries Service, ___F.Supp.2d___, Case No. 3:12-cv-00431 (D. Or. Mar. 3, 2014).
State:
Lower Tule River Irrigation District in California Obtains Injunction Halting Export Appropriation of Groundwater212
Lower Tule River Irrigation District v. Sandridge Partners, Case No. 253401 (California Super. Ct. Mar. 14, 2014).
Supreme Court of Wyoming Reverses and Remands Decision Refusing to Require Disclosure of ‘Fracking’ Chemicals214
Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission, 320 P.3d 222 (Wy.Mar. 12, 2014).
