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Western Water Law & Policy Reporter

August/September 2016

Volume 20, Number 10 August/September 2016


U.S. Department of Energy Presents ‘Vision’ Plan for the Future of Hydropower in the West by Daniel Timmons, Esq., Marten Law, PLLC, Portland, Oregon283


Unprecedented Cuts Likely as the Lower Colorado River Basin States Seek to Reach an Agreement to Keep Lake Mead from Drying Up287

Colorado River Water Could Transform Desert Land into Farmland in California’s Coachella Valley288


California State Water Resources Control Board Considers Limits on Pesticide Byproduct in Drinking Water290

Gross Reservoir Expansion Project in Colorado Inches Closer to Becoming a Reality Following State Agency and Governor’s Support291


Western Water Wars—Special Master in Texas v. New Mexico Issues Report Recommending that the U.S. Supreme Court Deny New Mexico’s Motion to Dismiss Texas’ Complaint294

When is a Water Right No Longer a Water Right? Addressing Storage ‘Refill’ at the Snake River Basin Adjudication295



First Circuit Upholds District Court’s Holding that Property Owner Failed to Show a Clean Water Act Stormwater Violation298

Louis Paolino, et al. v. JF Realty, et al., ___F.3d___, Case No. 15-1498 (1st Cir. July 18, 2016).

Fifth Circuit Upholds FWS Critical Habitat Designation under the ESA on Land that is Unoccupied by Listed Species300

Markle Interests L.L.C. v. U.S. Fish and Wildlife Service, ___F.3d___, Case No. 14-31008 (5th Cir. June 30, 2016).

D.C. Circuit Upholds EPA’s ‘Backstop’ Authority to Revoke Corps’ Clean Water Act Permit Due to ‘Unacceptable Adverse Effects’ on Wildlife302

Mingo Logan Coal Company v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-5305 (D.C. Cir. July 19, 2016).

Ninth Circuit Dismisses CERCLA Case against Canadian Mining Company for Cross-Border Aerial Emissions Causing Pollution to Water and So-


Pakootas v. Teck Cominco Metals, Ltd., ___F.3d___, Case No. 15-35228 (9th Cir. July 27, 2016).

District Court Holds that 2014 Clean Water Act Permit Transfer Notice Potentially Releases Initial Permittee from Liability306

Puget Soundkeeper Alliance v. Louis Dreyfus Commodities, LLC, ___F.Supp.2d___, Case No. C14-803RAJ (W.D. Wash. June 24, 2016).


Utah Court of Appeals Upholds Approval of Change Applications for Proposed Nuclear Power Plant on the Green River308

HEAL Utah v. Kane County Water Conservancy District, San Juan County Water Conservancy District, Blue Castle Holdings Inc. and Kent Jones, 2016 UT App 153 (Ut.App. 2016).