Western Water Law & Policy Reporter

FEATURE ARTICLE

The Long and Winding Road—The Sustainable Groundwater Management Act and California’s Water Crisis by David Aladjem, Downey Brand, LLP, Sacramento, California223

LEGISLATIVE DEVELOPMENTS

Busy under the Golden Dome: Colorado Legislature Debates Multiple Water Bills in the 2014 Sessions230

REGULATORY DEVELOPMENTS

EPA Issues Formal Comment Letter Regarding California’s Bay Delta Conservation Plan Draft EIS—Finds It Likely Will Violate Federal Law232

Nevada State Engineer Issues a Series of Water Right Abandonment

Rulings233

Oregon Denies Removal-Fill Permit Needed for Coal Export Facility Due to Impacts on ‘Small, but Important’ Tribal Fishery—Appeals Quickly

Follow235

Washington State Department of Ecology Releases Proposed Regulation of Spokane River and Spokane Valley Rathdrum Prairie Aquifer238

LAWSUITS FILED OR PENDING

EPA Settlement Reinstates Pesticide-Free Buffer Zones in California, Oregon and Washington241

JUDICIAL DEVELOPMENTS

Federal:

Eighth Circuit Upholds EPA Authority to Consider Downstream Uses when Evaluating State Water Quality Standards243

El Dorado Chemical Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-1936 (8th Cir. Aug. 15, 2014).

Ninth Circuit Rejects Rehearing Request and Issues Amended Opinion Upholding Quantification Settlement Agreement EIS245

People of the State of California ex rel. Imperial County Air Pollution Control District, et al. v. U.S. Department of the Interior, et al., ___F.3d___, Case Nos. 12-55856 and 12-55956 (9th Cir. Aug 1, 2014).

Fifth Circuit Reverses District Court Decision—Addresses the Intersection between the State Administration of Water Rights and the Federal Endangered Species Act247

The Aransas Project v. Shaw, 756 F.3d 801 (5th Cir. 2014).

State:

Utah Supreme Court Enforces Shareholder Transfer Restrictions of Mutual Irrigation Company248

Southam v. South Despain Ditch Company, 2014 UT 35 (Ut. Aug. 29, 2014).