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Western Water Law & Policy Reporter

May 2016

Volume 20, Number 7 May 2016


Michigan Attorney General Files Criminal Charges against Public Officials in Flint Water Supply Calamity191

From Michigan to Nevada: Setting the Microscope to Ensure Safe Drinking Water and Accountability193


Report Detailing Climate Change Impacts on Western Water Resources Released by U.S. Department of the Interior194

EPA Region IX Administrator, Jared Blumenfeld, Steps Down195


Still Waiting for a Federal Response to the Drought in California: A Legislative Update197

2016 Legislative Report: Idaho Water Users Successfully Pass Several Pieces of Legislation199


WildEarth Guardians Files Mandamus Action to Compel New Mexico State Engineer to Provide Accounting of the Middle Rio Grande Conservancy District’s Water Use202



D.C. Circuit Finds Plaintiffs Lacked Standing to Pursue ESA, Clean Water Act and National Environmental Policy Act Claims205

National Wildlife Federation v. U.S. Army Corps of Engineers, ___F.3d___, Case No. 14-1701 (D.C. Cir. Mar. 14, 2016).

District Court Denies Preliminary Injunction Sought by Environmental Groups over Impacts to Oregon Spotted Frog207

Center for Biological Diversity v. U.S. Bureau of Reclamation, Case No. 6:15-cv-02358-TC (D. Or.); WaterWatch of Oregon v. U.S. Bureau of Reclamation et al., Case No. 6:16-cv-00035-TC (D. Or); Ordered April 6, 2016.

District Court Holds State Water Quality Standard Enacted Pursuant to the Federal Clean Water Act is Enforceable in Citizen Suits209

Harpeth River Watershed Association v. City of Franklin, Tennessee, ___F.Supp.3d___, Case No. 3:14-1743 (M.D. Tenn. Mar. 3, 2016).


Colorado Supreme Court Finds Inaccurate Historical Consumptive Use Analysis Fatal to Application for Water Right Change of Use211

County of Boulder v. Boulder & Weld County Ditch Co., 2016 CO 17, ___P.3d___ (Colo. 2016).

Washington Court of Appeals Applies Skagit Instream Flow Rule to Exempt Wells214

Fox v. Skagit County, et al., ___Case No. 73315-0-I (Wash.App. Div. 1 Apr. 11, 2016).