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Western Water Law & Policy Reporter

February 2017

Volume 21, Number 4 February 2017


Trump Administration Left with the Task of Solidifying the Colorado River Basin Drought Contingency Plan95

Mayors of Arizona Cities Discuss Municipal Water Conservation Efforts at Western Conference96

Idaho’s Treasure Valley Water Users Seek State Legislative Support and Funding for Water Quality Improvement Projects98


U.S. Fish and Wildlife Service Issues Final 2016 Biological Opinion for Water-Related Activities in the Upper and Middle Rio Grande100

Secretary of the Interior Issues Order to Protect California from the Effects of Drought and Climate Change101

California Department of Water Resources Releases Interim Update of Bulletin 118 to Aid Timely Implementation of the Sustainable Groundwater Management Act103



Ninth Circuit holds that Tahoe Regional Plan Adequately Addressed Localized Effects of Runoff from ‘Concentrated Development’106

Sierra Club v. Tahoe Regional Planning Agency, 840 F.3d 1106 (9th Cir. 2016).

Fifth Circuit Reverses and Remands District Court’s Summary Judgment on Whether Land Constituted Waters of the United States108

U.S. v. Lipar, et al., ___F.3d___, Case No. 15-20625 (5th Cir. Nov. 7, 2016).

District Court Denies Remand of Class Alleging Drinking Water Well Contamination to State Court on the Basis of Local-Controversy Exception to Class Action Fairness Act Jurisdiction109

Brown v. Saint-Gobain Performance Plastics Corp., ___F.Supp.3d___, Case Nos. 1:16-cv-00242 and 1:16-cv-00243 (D. N.H. 2016).

District Court Finds EPA’s Approval of Rhode Island’s Clean Water Act TMDL Did Not Constitute a Determination of Stormwater Discharges111

Conservation Law Foundation v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 15-165-ML (D. RI Dec. 13, 2016).

District Court Finds Mississippi Numerical Water Quality Standards Are Not Compelled by the Clean Water Act113

Gulf Restoration Network v Jackson, ___F.Supp.3d___, Case No. 12-677 (E.D. La. Dec 15, 2016).

District Court Limits Plaintiffs Availability to Use RCRA as a Basis for Toxic Tort Relief from Soil and Groundwater Contamination115

Hollingsworth, et al. v. Hercules, Inc., ___F.Supp.3d___, Case No. 2:15-CV-113-KS-MTP (S.D. Miss. Dec. 22, 2016).


Colorado Supreme Court Issues Ruling Regarding Transmountain Diversions and Historical Use Analysis in Water Right Change Applications117

Grand Valley Water Users Ass’n v. Busk-Ivanhoe, Inc., 2016 CO 75, ___P.3d___ (Colo. 2016).