Western Water Law & Policy Reporter
May 2017
Volume 21, Number 7
May 2017
WESTERN WATER NEWS
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-
trol190
LEGISLATIVE DEVELOPMENTS
Utah Legislative Report—2017 General Session Water Related Bills192
REGULATORY DEVELOPMENTS
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
JUDICIAL DEVELOPMENTS
Federal:
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).
State:
California Supreme Court Holds EIR for Project Located in Coastal Zone Failed to Identify
Potential ‘Environmentally Sensitive Habitat
Areas’211
Banning Ranch Conservancy v. City of Newport Beach, ___Cal.5th___, Case No. S227473 (Mar. 30, 2017).
