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Western Water Law & Policy Reporter

May 2015

Volume 19, Number 7 May 2015


U.S. Supreme Court Uses Its Equitable Powers to Force Nebraska to Disgorge Gains from Its Knowing Violation of a Water Resources Compact by Denise Scofield, Esq. and Nicholas E. Morrell, Esq., Morgan Lewis 187


New Mexico’s Kirtland Air Force Base’s Jet Fuel Spill Update—First Remediation Well Designed to Extract Contaminated Groundwater Scheduled to Start Pumping191


One Billion Dollars in Emergency Funds for Drought Relief Approved by California Legislature and Signed by Governor Brown194


California State Water Resources Control Board Adopts Nation’s First Statewide Plan to Address Trash in All State Water Bodies196

Oregon Department of Environmental Quality Issues Water Quality Certification for Controversial Columbia River Coal Export Project198



Eleventh Circuit Directs Army Corps of Engineers to Reevaluate Clean Water Act General Permit for Coal Mining Operations201

Black Warrior Riverkeeper v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 14-12357 (11th Cir. Mar. 23, 2015).

Eighth Circuit Finds U.S. Army Corps’ Jurisdictional Determination Is Reviewable, Creating a Conflict with the Fifth Circuit203

Hawkes Co., Inc. v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 13-3067 (8th Cir. Apr. 10, 2015).

District Court Holds a State Retains Discretion under the Clean Water Act to Enact and Enforce a Method of Identifying Impaired Waters205

Florida Wildlife Federation v. Gina McCarthy, ___F.Supp.3d___, Case No. 8:13-cv-2084-T-23 (M.D. Fl. Mar. 16, 2015).

District Court Rules that the State of Alabama Is Entitled to a Jury Trial on its Claims under the Oil Pollution Act of 1990 Arising from the BP Oil


In re: Oil Spill by the Oil Rig ‘Deepwater Horizon’ in the Gulf of Mexico, ___F.Supp.3d___, Case No. 2179 (E.D. La. 2015).


Separate California Court of Appeal Decisions Create Uncertainty about the Applicability of Proposition 218 to Groundwater Extraction Fees208

Great Oaks Water Co. v. Santa Clara Valley Water District, ___Cal.App.4th___, Case No. H035260 (6th Dist. Mar. 2015); City of San Buenaventura v. United Water Conservation District, ___Cal.App.4th___, Case No. B251810 (2nd Dist. Mar. 2015).

Colorado Supreme Court Issues Important Decision Clarifying Water Right Abandonment Statute and the Use of Undecreed Diversion Point211

Wolfe v. Jim Hutton Educational Foundation, 2015 CO 17, ___P.3d_­­__ (Colo. 2015)

Washington Appellate Court Finds State Growth Management Act Does Not Require Independent County Regulation of Exempt Wells212

Whatcom County, et al. v. Western Washington Growth Management Hearings Board, Case Nos. 70796–5–I, 72132–1–I, 70896–1–I (Wash.App. Feb. 23, 2015).