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Western Water Law & Policy Reporter

February 2015

Volume 19, Number 4 February 2015


California Emergency Drought Relief Act of 2014 Fails to Pass in U.S



International Boundary and Water Commission Releases Report on Benefits of Increased Flows to Colorado River Delta97

EPA Issues Final Rule—Characterizes Coal Ash as Solid Waste Rather than Hazardous Waste under RCRA99

Food and Drug Administration Set to Consider Revision of Food Safety Rules for Irrigation Water101

Washington Department of Ecology Denies Petition to Repeal Skagit River Instream Flow Rule102


Interstate Compact Litigation Update: Texas v. New Mexico—Special Master Appointed and Motion For Leave to Intervene Filed by Elephant Butte Irrigation District105

Environmental Groups Seek Writ of Mandate Against EPA over Failure to Implement Clean Water Act Phase II MS4 Regulations107



Ninth Circuit Upholds Biological Opinion Regarding Impacts of Central Valley Project and State Water Project Operations on Salmonid Species110

San Luis & Delta-Mendota Water Authority v. Locke, ___F.3d___, Case No. 12-15144 (9th Cir. Dec. 22, 2014).

District Court Dismisses Citizen Suit against the Army Corps for Mootness Relating to Flood Control


Finca Santa Elena Inc. et al v. U.S. Army Corps of Engineers et al., ___F.Supp.3d___, Case No. 1:11-cv-00296 (D. D.C. Jan. 6, 2015).

District Court Grants Injunction Forcing PPG Industries to Apply for a Clean Water Act Discharge Permit113

PennEnvironment, et al. v. PPG Industries, Inc., et al., ___F.Supp.3d___, Case No. 12-CV-342 (W.D. Pa. Dec. 10, 2014).


Colorado Supreme Court Rules that Applicants for Change of Water Rights Must Limit Historic Use Analysis to Expressly Decreed Acreage Limita-


Widefield Water & Sanitation District v. Witte, 2014 CO 81, ___P.3d___ (Colo. 2014).

Oregon Court of Appeals Remands Municipal Permit Extensions and Requires More Evidence that

Withdrawals Will Meet Fish Persistence Require-ments117

WaterWatch of Oregon, Inc. v. Oregon Water Resources Department, 268 Or.App. 187 (Or.App. Dec. 31, 2014).

Texas Appeals Court Upholds Commission on Environmental Quality’s Use of ‘Narrative’ Standard to Find Treatment Facility Would Not Degrade Water Quality120

Wood v. Texas Commission on Environmental Quality, Case No. 13-13-00189-CV (Tex.App. Dec. 30, 2014).