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Western Water Law & Policy Reporter

July 2014

Volume 18, Number 9 July 2014


Colorado Update: High and Dry—U.S. Bureau of Reclamation’s New Policy Prohibits the Use of Federal Project Water for Marijuana Culti-


New Mexico ESA Update: U.S. Fish and Wildlife Service Issues Final Rule Listing New Meadow Jumping Mouse as Endangered253


Idaho Seeks Clean Water Act National Pollutant Discharge Elimination System Program Primacy via State Legislation256


State Water Resources Control Board Issues Notice of Immediate Curtailment of Post-1914 Appropriative Rights for the Sacramento and San Joaquin River Watersheds258


Recent Investigations, Settlements, Penalties and Sanctions260



Seventh Circuit Concludes that Courts May Review Completed Stages of Cleanup at a Site Even if EPA Plans Additional Cleanup262

Frey v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-2142 (7th Cir. May 1, 2014).

Ninth Circuit Rejects Environmental Challenge to Colorado River Water Transfers264

People of the State of California v. Jewell, ___F.3d___, Case No. 12-55956 (9th Cir. May 19, 2014).

District Court Provides Further Guidance on CERCLA Liability for an Alleged ‘Disposal’ Caused by the Operations of Drinking Water Wells266

Coppola v. Smith, ___F.Supp.2d, ___, Case No. 1:11-CV-1257 AWI BAM (E.D. Cal. May 13, 2014).

District Court Finds City Liable for the Actions of Others When Pollutants Are Placed into Its Municipal Sewer Systems268

KFD Enterprises, Inc. v. City of Eureka, ___F.Supp.2d ___, Case No. 3:08-cv-04571 (N.D. Cal. May 9, 2014).

District Court Upholds CWA Citizen Suit for Polluting without a Permit Despite Previous State Agency Finding that No Permit Was Required270

Soundkeeper, Inc. et al v. A&B Auto Salvage, Inc. et al., ___F.Supp.2d___, Case No. 3:12-CV-00841 (D. Conn. May 15, 2014).


Oregon Supreme Court Mandates Enhanced Fish Passage for Small Dams272

Noble v. Oregon Department of Fish and Wildlife, ___P.3d___, Case No. SC S060518 (Or. May 15, 2014).