Western Water Law & Policy Reporter
August/September 2015
Volume 19, Number 10
August/September 2015
FEATURE ARTICLE
Texas Supreme Court Denies Petition for Review of Water Authority Is Takings Claim thereby Refusing to Address the Issue of the Landowners’ Groundwater Rights283
WESTERN WATER NEWS
Whistleblowers Allege the Misuse of Government Funds Intended for Klamath River Basin Fish Population Protection287
REGULATORY DEVELOPMENTS
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
LEGISLATIVE DEVELOPMENTS
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
JUDICIAL DEVELOPMENTS
Federal:
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).
State:
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).