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Western Water Law & Policy Reporter

May 2017

Volume 21, Number 7 May 2017


Navajo Generating Station, which Powers the Central Arizona Project, Is Expected to Close in 2019187

Near-Catastrophe at California’s Oroville Dam Leaves State with Major Repair and Flood Safety Challenges—Contract Awarded to Repair Emergency Spillway188

Record Snowpack in Nevada Turns the Tides of Drought to Flood Con-



Utah Legislative Report—2017 General Session Water Related Bills192


California State Water Resources Control Board Releases Draft Emergency Regulation Establishing Fees to Recover Costs Incurred Due to State Intervention under SGMA194

California’s Delta Stewardship Council Begins Scoping Process for Environmental Review of Proposed Delta Plan Amendments195

Colorado Water Referee Issues Order Finding Water Used to Grow Marijuana a ‘Beneficial Use’197

Idaho Conservation League Lodges Wastewater Handling Complaint against Cattle Feedlot and Cheese Plant199

Oregon Releases Update of Integrated Water Resources Strategy200



District Court finds Plaintiff Properly Alleged the Release of Hazardous Substances under CERCLA in Water Contamination Case203

Citizens Development Corporation, Inc. v. County of San Diego, ___F.Supp.3d___, Case No: 12CV0334 GPC KSC (S.D. Cal. Mar. 23, 2017).

District Court Support’s EPA’s Interpretation on How to Exercise Its ‘Residual Designation Authority’ in Clean Water Act NPDES Matter204

Conservation Law Foundation, Inc. & Charles River Watershed Association, Inc. v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 16-10397-RGS (D. Mass. Mar. 24, 2017).

District Court Finds Dredging and Filling of Wetlands an ‘Occurrence’ under a Contractor’s Commercial General Liability Policies206

JTO, Inc. v. Travelers Indemnity Co. of America, ___F.Supp.3d___, Case No. 1:16CV648 (N.D. Ohio Mar. 16, 2017).

District Court Finds Corps of Engineers Erred in Issuing CWA 404 Permit for Pier-Based Entertainment Venues within State Park209

The City Club of N.Y. v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. 16 Civ. 3934 (S.D. NY Mar. 23, 2017).


California Supreme Court Holds EIR for Project Located in Coastal Zone Failed to Identify

Potential ‘Environmentally Sensitive Habitat


Banning Ranch Conservancy v. City of Newport Beach, ___Cal.5th___, Case No. S227473 (Mar. 30, 2017).