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Western Water Law & Policy Reporter

July 2017

Volume 21, Number 9 July 2017


Aging California Flood Control Infrastructure: A Local Perspective by Andrea P. Clark, Esq. and Scott L. Shapiro, Esq., Downey Brand LLP, Sacramento, California251


California’s Oroville Dam Spillway Incident Preliminary Forensic Investigation Report and Recovery Plans Released255


U.S. Fish and Wildlife Service and National Marine Fisheries Service Issue Biological Opinions regarding California WaterFix Project257

Nevada State Engineer Approves Inter-Basin Water Transfer to Offset Increased Flow Rates between Basins258

Oregon Revises Its Clean Water Act, National Pollutant Discharge Elimination System, and Industrial Stormwater Permit259


California Assembly Bill 313 Proposes Transfer of Water Rights Enforcement Hearings from the State Water Resources Control Board to a New Entity262

Colorado Legislature Confirms Farmers may Cultivate Hemp with Water Decreed for Agricultural Use263



U.S. Supreme Court Denies Motion to Hear New Mexico’s Suit against Colorado over Gold King Mine Spill266

New Mexico v. Colorado, Case No. 220147, Orig. (June 26, 2017).

Sixth Circuit Finds Settlement in Administrative Order with EPA Precludes Insurance Coverage for Releases into Waterway from Policyholder’s Facil-ity267

Arrowood Indemnity Company v. Lubrizol Corporation, ___F.3d___, Case No. 16-3463 (6th Cir. June 1, 2017).

Second Circuit Finds Insurer Had No Duty to Defend or Indemnify in Underlying State Court Action for Chemical Contamination at Love Canal Superfund Site269

Cincinnati Insurance Co. v. Roy’s Plumbing, Inc., ___F.3d___, Case No. 16-2511-CV (2nd Cir. May 31, 2017).

D.C. Circuit Finds Clean Water Act Does Not Expressly Preempt EPA’s Ability to Withhold Data in the Face of a FOIA Request271

Environmental Integrity Project v. U.S. Environmental Protection Agency, ___F.3d___, Case No. 14-1282 (D.C. Cir. Mar 30, 2017).


California Court of Appeal Finds Property Owners Have No Obligation to Exhaust Their Administrative Remedies for Proposition 218 Challenge-


Plantier v. Ramona Water District, ___Cal.App.5th___, Case No. D069798 (4th Dist. June 13, 2017).