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Western Water Law & Policy Reporter

December 2015

Volume 20, Number 2 December 2015


Colorado Supreme Court Finds Annual Replacement Plan Complies with Previously Approved Plan of Water Management and Sufficiently Protects Senior Surface Water Rights by Christopher Stork, Esq. and Paul Noto, Esq., Patrick, Miller 35


Arizona Town Hall’s ‘Keeping Arizona’s Water Glass Full’ Forum Facilitates Important Discussion on the Future of the State’s Water Supply39


California Senate Bill 88 Adds Measurement and Reporting Requirements for 12,000 Water Diverters41


How Water Supply Conditions of Non-Western States Compare to the Western States—GAO Issues Report Addressing This Issue43

California Department of Water Resources Adopts Emergency Regulations for Groundwater Basin Boundary Modifications45

California Coastal Commission Narrowly Approves Unprecedented Sand-Replenishment Project along Malibu’s Broad Beach to Guard against Climate Change Impacts47

Oregon Department of Environmental Quality Proposes Water Quality Trading Rules48



D.C. Circuit Upholds EPA’s Withdrawal of a Proposed Rule to Obtain Information about Concentrated Animal Feeding Operations52

Environmental Integrity Project, Food & Water Watch, et al. v. Gina McCarthy, Administrator, U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 13-1306 (RDM) (D.C. Cir. Sept. 29, 2015).

Sixth Circuit Issues Nationwide Stay of Clean Water Rule54

In re U.S. Environmental Protection Agency and Department of Defense Final Rule: ‘Clean Water Rule: Definition of Waters of the United States,’ ___F.3d___, Consolidated Case Nos. 15-3799/3822/3853/3887 (6th Cir. 2015).

Fifth Circuit Bars Claims against Barge Company for Mississippi River Oil Spill57

Nguyen v. American Commercial Lines, LLC, ___F.3d___, Case No. 2:11-CV-1799 (5th Cir. Oct. 8, 2015).


California Court of Appeal Affirms Demurrer against Nonresident Water Customers Who Sought to Preserve ‘Reasonable’ Water Rates59

Green Valley Landowners Association v. City of Vallejo, ___Cal.App.4th ___, Case No. A142808, (Cal.App. Oct. 16, 2015).

Public Trust and Right to Surface Use of Waters of the State of Utah—Trial Court Holds that Public Waters Access Act Violates the Utah Constitu-


Utah Stream Access Coalition v. VR Acquisitions, Case Number 100500558 (4th Dist. 2015).