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Western Water Law & Policy Reporter

July 2015

Volume 19, Number 9 July 2015


Drought Deepens in Oregon: A Temporary Emergency or the New


Negotiating the Columbia River Treaty—Ecosystem Function253

California State Budget and State Water Resources Control Board Allocate Drought Relief Funding255


EPA/Corps Clean Water ‘Waters of the United States’ Rule Brings a Measure of Clarity to the Scope of the Clean Water Act257

Washington State Department of Ecology Announces Proposed Reclaimed Water Rule259


New Mexico Update—WildEarth Guardians Amends its Suit against the Bureau and Corps over Rio Grande River Operations Impacts to Endangered Rio Grande Silvery Minnow and Southwestern Willow Flycatcher262



Denial of Certiorari in Texas ‘Whooping Crane Case’ Confirms Difficulty of Bringing Endangered Species Act Claims Based on Water Use’s Impact on a Habitat265

The Aransas Project v. Shaw, 756 F.3d 801 (5th Cir. 2014), cert. denied, June 22, 2015, 576 U.S. 2 (2015).

D.C. Circuit Affirms Dismissal of Clean Water Act Case for Lack of Standing as Curable Defect Exception Did Not Apply267

National Association of Home Builders, et al. v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-5290 (D.C. Cir. May 15, 2015).

Federal Circuit Finds Claims Court Lacked Jurisdiction over Regulatory Takings Action Stemming from an Corps Denial of a Clean Water Act Permit269

Resource Investments, Inc. v. U.S., ___F.3d___, Case No. 2014-5069 (Fed. Cir. May 12, 2015).

District Court Holds that Valley Fills May Constitute ‘Point Sources’ under the Clean Water


Ohio Valley Environmental Coalition Inc. v. Pacahontas Land Corp., ___F.Supp.3d___, Case No. 3:14-11333 (S.D. W.V. May 7, 2015).

District Court Finds that the Public Trust Doctrine Does Not Allow Changing Decreed Water Rights, and the State Must Compensate when Taking such Rights273

U.S. v. Walker River Irrigation District, ___F.Supp.3d___, Case No. 3:73-CV-00128-RCJ-WGC (D. Nev. May 28, 2015).


California Court of Appeal Applies Streambed Alteration Requirements to Existing Water Diver-


Siskiyou County Farm Bureau v. California Department of Fish and Wildlife, ___CalApp.4th___, Case No. C073735 (3rd Dist. June 4, 2015).

Colorado Supreme Court Issues Decision Clarifying that State Water Conservation Board’s In-Stream Flow Decisions Are Quasi-Legislative276

Concerning Application for Water Rights of Colorado Water Conservation Bd. in the San Miguel River, 2015 CO 21, 346 P.3d 52 (Colo. 2015).