Western Water Law & Policy Reporter
June 2014
Volume 18, Number 8
June 2014
WESTERN WATER NEWS
Upper Klamath Basin Comprehensive Agreement Signed—Attention Now Turns to Federal Legislation219
New Mexico’s Kirtland Air Force Base’s Jet Fuel Spill Dilution Plan Not Viable—Albuquerque Aquifer Still at Risk221
Dispute over Condemnation of Land Near Santa Fe, New Mexico Aims to Increase the Storage Capacity of Abiquiu Lake223
LEGISLATIVE DEVELOPMENTS
Water Infrastructure Legislation Passed by Congress for First Time in Seven Years225
Colorado Legislature Passes Cotter Mill Groundwater Cleanup Bill226
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions228
REGULATORY DEVELOPMENTS
California State Water Resources Control Board Issues Draft General Order to Streamline Permitting for Use of Non-Potable Recycled Water231
LAWSUITS FILED OR PENDING
Litigation Filed in State Court in Texas against Groundwater Conservation District for Refusal to Issue Permit for Municipal Water Project234
JUDICIAL DEVELOPMENTS
Federal:
D.C. Circuit Questions EPA Allegation that Judicial Review of Claims Challenging Cleanup of Uranium Sites Is Barred by EPA Assertion It Is Pursuing Removal or Remedial Action236
El Paso Natural Gas Co. v. U.S., ___F.3d___, Case No. 12-5156 consolidated with 12-5157 (D.C. Cir. Apr. 4, 2014).
Ninth Circuit Holds that the Bureau Is Required to Consult Federal Agencies before Renewing Challenged Central Valley Project Water Contracts Impacting Delta Smelt238
Natural Resources Defense Council v. Jewell, ___F.3d___, Case No. 09-17661 (9th Cir. Apr. 16, 2014).
District Court Affirms Standing for Citizens Suits under the Federal Clean Water Act240
Borough of Upper Saddle River, New Jersey v. Rockland County Sewer District No. 1, ___F.Supp.2d___, Case 07-Civ-00109(ER) (S.D. N.Y. Apr 2014).
District Court Upholds the Tahoe Regional Planning Agency’s Lake Tahoe Regional Plan Update242
Sierra Club v. Tahoe Regional Planning Agency, ___F.Supp.2d___, Case No. 2:13-cv-00267 (E.D. Cal. Apr. 7, 2014).
State:
California Appellate Court Finds City Not Liable for Flood Damage—the City Acted Reasonably in Deferring Storm Drain Improvements244
Biron v. City of Redding, __ Cal.App.4th __, Case No. C071094 (Cal.App. Apr. 30, 2014).
