Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Western Water Law & Policy Reporter

August/September 2015

Volume 19, Number 10 August/September 2015


Texas Supreme Court Denies Petition for Review of Water Authority Is Takings Claim thereby Refusing to Address the Issue of the Landowners’ Groundwater Rights283


Whistleblowers Allege the Misuse of Government Funds Intended for Klamath River Basin Fish Population Protection287


With the Adoption of a Final Rule on ‘Waters of the United States,” Critics Claim Expanded Definition Violates States’ Rights and Places Undue Burden on Farming and Agriculture289

Arizona Department of Water Resources Denies Petition from Agricultural Growers Seeking an Irrigation Non-Expansion Area Declaration for the San Simon Valley Aquifer291

Washington Department of Ecology Issues Preliminary Draft General Permit for Concentrated Animal Feeding Operations292


A Federal Response to the Drought—Three Bills Pending in Congress295

Nevada Legislature’s Session Was a Year With Water Legislation—But Water Law Reform Will have to Wait297



Third Circuit Confirms Chesapeake Bay Clean Water Act TMDL Regulations of the U.S. Environmental Protection Agency299

American Farm Bureau Federation v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 13-4079 (3rd Cir. July 6, 2015).

Seventh Circuit Upholds Consent Decree Requiring Water District to Satisfy Water-Quality Requirements Related to Construction Project300

U.S., et al. v. Metropolitan Water Reclamation District of Greater Chicago, ___F.3d___, Case Nos. 14-1776 & 14-1777 (7th Cir. July 9, 2015).


California Superior Court Issues Temporary Stay of Enforcement of Curtailment Letters against Senior Water Rights Holders, but Denies Preliminary Injunction302

West Side Irrigation District, et al. v. California State Water Resources Control Board, Case No. 34-2015-80002121 (Sacramento Super. Ct. 2015).

Colorado Supreme Court Addresses Multiple Beneficial Use Doctrine—Affirms Junior Conditional Water Right for Hydropower Facility Using Water Already Diverted and Bound for Downstream Use304

Frees v. Tidd, 2015 CO 39, 349 P.3d 259 (Colo. 2015).

Nevada Supreme Court Declines Review of District Court Decision Regarding 300-Mile Water Pipeline to Las Vegas307

Southern Nevada Water Authority, et al. v. The Seventh Judicial District Court of the State of Nevada, et al., ___P.3d___ Case Nos. 65775 and 65776 (Nev. 2015).