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Western Water Law & Policy Reporter

July 2016

Volume 20, Number 9 July 2016

FEATURE ARTICLE

How Hard Can It Be? Temperature Management on the Sacramento River by Steve Saxton, Esq., Downey Brand, LLP, Sacramento, California251

WESTERN WATER NEWS

Hoopa Valley Tribe Files Notice of Intent to Sue the Bureau and NMFS over Alleged Endangered Species Act Violations at the Klamath Project257

Will Groundwater Surface to Create a Beach Resort in Las Vegas259

REGULATORY DEVELOPMENTS

Idaho Water Users Leery of Joint USGS/EPA Technical Report: Protecting Aquatic Life from Effects of Hydrologic Alteration261

California Department of Water Resources Adopts Final Groundwater Sustainability Plan Regulations263

LEGISLATIVE DEVELOPMENTS

Oregon County Approves Ballot Measure that Bans Commercial Water Bottling—Threatens Proposed Nestlé Bottling Plant266

LAWSUITS FILED OR PENDING

New Mexico Files Suit Against Colorado in U.S. Supreme Court over Gold King Mine Spill268

JUDICIAL DEVELOPMENTS

Federal:

U.S. Supreme Court Holds Jurisdictional Delineation by Army Corps of Engineers under the Clean Water Act May Be Judicially Challenged270

U.S. Army Corps of Engineers v. Hawkes Co. Inc., ___U.S.___, Case No. 15-290 (May 31, 2016).

State:

California Superior Court Issues Ruling in the Delta Stewardship Council Cases272

Delta Stewardship Council Cases, Judicial Council Coordination Proceeding No. 4758 (Sac. Super. Ct. May 18, 2016).

Colorado Supreme Court Rules Owners of Various Conditional Water Rights May Select Which Right It Desires to Make Absolute275

Upper Eagle Regional Water Authority v. Wolfe, 2016 CO 42, ___P.3d___ (Colo. 2016).

Utah Court of Appeals Holds there Must Be a Physical Obstruction or Change of Flow of Water before Liability Attaches under State Law278

Clearwater Farms, LLC and Clearwater Holdings LLC v. Shane Robert, et al., 2016 UT Appeals 126 (Utah.App. June 16, 2016).