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Western Water Law & Policy Reporter

December 2016

Volume 21, Number 2 December 2016


Paying for Clean Water—California Required to Provide Funding for Local Stormwater Programs by Rebecca Andrews, Esq., Best Best 35


Colorado City Faces Federal Lawsuit from the U.S. EPA and a State Agency Regarding Alleged Failure of Its Stormwater Program and Water Quality Violations41


Arizona Water Protection Fund in Action—Fund Commission to Make Selections in January 201743

California Department of Water Resources Releases Draft Best Management Practices for Groundwater Management44

Nevada Takes Aim at Nonpoint Source Pollution with Grant Program47



District Court Rejects Public Utilities Clean Water Act Claims Regarding Wastewater Discharges49

Carolina Water Services, Inc. v. Regina McCarthy, ___F.Supp.3d___, Case No. 3:15-cv-04919 (D. S.C. Sept. 29, 2016).

District Court Rejects Monsanto’s Attempt to Dismiss City of Spokane’s Claims Related to PCBs in the Spokane River51

City of Spokane v. Monsanto Co., et al., ___F.Supp.3d___, Case No. 2:15-CV-00201-SMJ (E.D. Wash. Oct. 26, 2016).

District Court in Texas Holds Consultant Potentially Liable for CERCLA Clean Up Costs Flowing from Breach of Contractual Testing Obligations. .53

City of Waco v. Kleinfelder Central, Inc., ___F.Supp.3d___, Case No. 6:15-CV-310 (W.D. Tex. Oct. 6, 2016).

District Court Finds Railroad Coal Discharge Directly into U.S. Waters Was a ‘Point Source’ under the Clean Water Act—Indirect Discharges Were Not54

Sierra Club, et al. v. BNSF Railway Company, ___F.Supp.3d___, Case No. C13-967-JCC (W.D. Wa. Oct. 25, 2016).


Utah Supreme Court Addresses the Limitations

of Judicial Continuing Jurisdiction in Water


Little Cottonwood Tanner Ditch Company, et al. v. Sandy City; Sandy Irrigation Company, et al, 2016 Utah 45 (Utah Oct. 21, 2016).