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Western Water Law & Policy Reporter

February 2016

Volume 20, Number 4 February 2016


Uncertainty in Oregon’s Klamath Basin as Year Ends without Federal Legislation Needed to Implement Settlement Agreements by Daniel Timmons, Esq., Marten Law, PLLC, Portland, Oregon99


U.S. EPA Proposes 30 New Contaminants Public Water Systems Must Monitor105

U.S. Bureau of Reclamation Releases Scoping Report for the Draft Long-Term Plan for Protecting Late Summer Adult Salmon in the Lower Klamath River106

California State Water Resources Control Board Releases Proposed Framework for Extending Emergency Water Conservation Regulations108


The Battle Rages on in U.S. District Court in Nevada over a Proposed 300-Mile Water Pipeline to Las Vegas110



Eleventh Circuit Finds EPA’S Decision to Defer Program Withdrawal Proceedings Was Not a ‘Determination’ Subject to Appeal112

Cahaba Riverkeeper v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-13508 (11th Cir. Nov. 30, 2015).

Ninth Circuit Upholds Denial of Preliminary Injunction Seeking to Stop BLM’s Douglas Fire Complex Recovery Project in Oregon114

Cascadia Wildlands v. Thrailkill, ___F.3d___, Case No. 14-35819 (9th Cir. Dec. 3, 2015).

District Court Magistrate Recommends Tribe Recover Its Costs of Oversight Activities and Funding Efforts for Superfund Site as CERCLA Response Costs116

Confederated Tribes and Bands of the Yakama Nation v. U.S., ___F.Supp.3d___, Case No. 3:14-cv-01963-PK (D. Or. Dec. 18, 2015).

District Court Finds California Regional Water Board Not a ‘Necessary Party’ to a CWA Citizen Suit Deciding Clean Water Act Enforcement118

Friends of Mariposa Creek v. Mariposa Public Utilities District, ___F.Supp.3d___, Case No. 1:15-cv-00583-EPG (E.D. Cal. Nov. 30, 2015).

District Court Rules Sierra Club’s Challenge to Mitigation Bank Lawsuit Survives Motions to Dis-


Sierra Club, Inc. v. St. Johns River Water Management District et al., ___F.Supp.3d___, Case No. 6:14-cv-1877-Orl-40DAB (M.D. Fl. 2015).

District Court Increases Clean Water Act Civil Penalty on Remand for Wastewater Spill at Louisiana Oil Refinery122

U.S. v. Citgo, ___F.Supp.3d___, Case No. 2:08-cv-00893 (W.D. La. Dec. 23, 2015).


Colorado Supreme Court Finds Stormwater Runoff Was Correctly Classified as ‘Designated Groundwater’ Subject to Jurisdiction of the Ground Water Commission124

Meridian Serv. Metro. District v. Ground Water Commission, 2015 CO 64, 361 P.3d 392 (Colo. 2015).