Your authoritative, multi-channel network for natural resources and environmental information since 1989 – by practioners for practitioners.

Western Water Law & Policy Reporter

October 2017

Volume 21, Number 11 October 2017


Local Water Traversing Forest Service Lands: What’s Mine Is Not Yours! by Wesley A. Miliband, Esq., Stoel Rives LLP, Sacramento, California311


California State Water Resources Control Board Will Begin Part 2 of California WaterFix Change Petition Hearing in January 2018317

Northern Colorado Water Conservancy District Integrated Supply Project Takes a Large Step forward with Colorado Parks and Wildlife Appro-


New Mexico State Engineer Issues Order Protecting Pre-1907 Water Rights Affected by Federal ESA Enforcement Actions to Protect Endangered New Mexico Meadow Jumping Mouse320


Oregon 2017 Water Resources Legislative Update, Part II323


Ten States Urge U.S. Supreme Court to Review Ninth Circuit’s Decision in Agua Caliente Regarding Extension of Federal Reserved Water Rights to Groundwater325



Ninth Circuit Rules 1998 RCRA Decree Did Not Trigger Asarco’s Contribution Claim under CERCLA § 113(f)328

Asarco LLC. v. Atlantic Richfield Company, ___F.3d___, Case No. 14-35723 (9th Cir. Aug. 10, 2017).

Ninth Circuit Holds U.S. Forest Service Did Not Violate NEPA or Forest Management Act in Developing Parking Areas in Deschutes National For-


Wild Wilderness v. Allen, ___F.3d___, Case No. 14-35505, (9th Cir. Sept. 8, 2017).

District Court Directs Additional Environmental Analysis on Proposed Southern Nevada Groundwater Project333

Center for Biological Diversity v. U.S. Bureau of Land Management et al, ___F.Supp.3d___, Case No. 2:14–cv–00226 (D. Nev.); White Pine County, et al v. U.S. Bureau of Land Management et al, ___F.Supp.3d___, Case No. 2:14–cv–00228 (D. Nev.).

District Court Dismisses Motion to Dismiss for Lack of Subject Matter Jurisdiction under the Clean Water Act’s Citizen Suit Provision335

Clean Water Action v. Searles Auto Recycling, Corp., ___F.Supp.3d___, Case No. 16-12067-NMG (D. Mass. Aug. 7, 2017).

District Court Denies Summary Judgment in Clean Water Act Citizen Suit as Discharge May Not Be Tied to City’s Conduct337

Kleinman v. City of Austin, ___F.Supp.3d___, Case No. 1:15-cv-497-RP (W.D. Tex. Aug. 18, 2017).