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Western Water Law & Policy Reporter

May 2014

Volume 18, Number 7 May 2014


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


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


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



Texas Appeals Court Refuses to Dismiss Takings Claim Resulting from Landfill Related Flooding205



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).


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).