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Western Water Law & Policy Reporter

December 2014

Volume 19, Number 2 December 2014


California Voters Approve $7.5 Billion Water Bond31

Idaho Association of Commerce and Industry Submits Comments on EPA and the Corps’ Proposed Waters of the United States Definition for Clean Water Act Jurisdiction32


U.S. Bureau of Reclamation and Western Water Providers Unveil New Program to Address Declining Reservoir Levels on the Colorado River35

U.S. Fish and Wildlife Service Announces Final Restoration Plan for Salton Sea National Wildlife Refuges38

New Mexico Interstate Steam Commission Votes to Support Gila River Diversion Project40

California Department of Water Resources and U.S. Bureau of Reclamation Post CVP and SWP Drought Contingency Plan for October through January 201541

California State Water Resources Control Board Temporarily Lifts Curtailments of Post-1914 Water Rights During Significant Storm Events43

Oregon Water Resources Department Proposes Rules to Address Groundwater Regulation, Drought in the Klamath River Basin45



Eleventh Circuit Reverses District Court’s Dismissal of Groundwater Contamination Toxic Tort Claims and Criticizes the Use of Lone Pine


Adinolfe v. United Technologies Corp., ___F.3d___, Case No. 12-16396 (11th Cir. Oct. 6, 2014).

Ninth Circuit Upholds Ban on Hovercraft Use on State-Owned Waters Subject to Federal Lands Conservation Act49

Sturgeon v. Masica, ___F.3d___, Case No. 13-36165 (9th Cir. Oct. 6, 2014).

Seventh Circuit Revives Apportionment Defense, Potentially Limiting Joint and Several CERCLA Liability for Discharges into Wisconsin Water-


U.S. v. P.H. Glatfelter Co., ___F.3d___, Case No. 13-2436 (7th Cir. 2014).

District Court Allows Clean Water Act Claims to Rely on Proxy to Establish the Discharge of Pollutants without Direct Evidence of the Pollutants Dis-


Ohio Valley Environmental Coalition, Inc. et al. v. Fola Coal Company, LLC, ___F.Supp.2d___, Case No. 2:13-CV-5006 (S.D. W.Va. 2014).


California Court of Appeal Finds Use of Estoppel to Require Coastal Landowner to Dedicate Public Coastal Easement as Condition of Development Permit Inequitable55

Bowman v. California Coastal Commission, ___Cal.App.4th___ Case No. B243015 (6th Dist. Oct. 24, 2014).

Montana Supreme Court Authorizes Diversion as a Management Tool and Conservation Measure57

Eldorado Co-Op Canal Co. v. Lower Teton Joint Objectors, 2014 MT 272 (Mt. Oct. 7, 2014).