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Western Water Law & Policy Reporter

November 2016

Volume 21, Number 1 November 2016


Washington Supreme Court Rejects County Comprehensive Plan for Failure to Restrict Exempt Wells by Sarah Mack, Tupper/ Mack/ Wells, PLLC, Seattle, Washington3


Multi-State Water Settlement: Republican River Compact Administration Approves Two Resolutions Regarding Compliance with the Compact7


U.S. Department of the Interior Inspector General Confirms Misuse of Government Funds in Klamath Basin Controversy9

While the Idaho Department of Water Resources Ponders Creation of a Groundwater Management Area in the Eastern Snake Plain Aquifer, Petitions for Intervention File in11

California State Water Resources Control Board Releases Proposed Phase I Update to Bay-Delta Plan, Calls for Higher Instream Flows in San Joaquin River13

California Department of Water Resources Completes First Round of Groundwater Basin Boundary Modifications under California’s Historic Groundwater Legislation15


Tribe Files Lawsuit against the Bureau and NMFS Alleging ESA and Magnuson-Stevens Act Violations Stemming from Operations of the Klamath Project17



Extensive EPA Collection of Private Information for Clean Water Act Enforcement Shielded from Freedom of Information Act Disclosure by Eighth Circuit19

American Farm Bureau Federation v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 15-1234 (8th Cir. Sept. 9, 2016).

The Endangered Species Act Protects Listed Plants Differently than Listed Animals, Ninth Circuit Confirms21

Center for Biological Diversity v. U.S. Bureau of Land Management, ___F.3d___, Case No. 14-15836, (9th Cir. 2016).


California Superior Court Rules State Water

Board Has Authority under Public Trust Doctrine to Regulate Groundwater Pumping22

Environmental Law Foundation et al. v. State Water Resources Control Board and County of Siskiyou, Case No. 34-2010-80000583 (Sacramento Super Ct. Aug. 22, 2016).

New Mexico Supreme Court Rules that Water Diverted in Colorado but Put to Beneficial Use in New Mexico Is Subject to New Mexico State Engineer’s Jurisdiction25

State Engineer of New Mexico v. Diamond K Bar Ranch, LLC, Case No. S-1-SC-35446, slip. op. (N.M. Sept. 22, 2016).

Texas Supreme Court Extends the ‘Accommodation Doctrine’ to Groundwater Estates28

Coyote Lake Ranch LLC v. The City of Lubbock, Case No. 14-0572 (Tex. 2016).