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Western Water Law & Policy Reporter

November 2017

Volume 22, Number 1 November 2017




Historic Colorado River Agreement Between the United States and Mexico Extended with ‘Minute 323’ to the 1944 Mexican Water Treat9


California Governor Brown Signs Senate Bill 252 Into Law—Applications for Well Permits in Critically-Overdrafted Groundwater Basins Will Now Require Greater Transparency11

SB 270—Nevada Water Right Holders to Report to the State by 2027, or Risk Losing Old Water Rights12


Arizona Considers Augmenting Its Drinking Water Supply Using Reclaimed Wastewater14



District Court for Oregon Stays Challenge to Mining Moratorium Pending Ruling by Ninth Circuit in Bohmker v. Oregon16

Campbell v. Oregon Department of State Lands, ___F.Supp.3d___, Case No. 2:16-cv-01677 (D. Or. Aug. 4, 2017).

District Court Holds Defendant Could Not Pursue CERCLA 107(a) Claim for Costs Voluntarily Incurred as Facts Contradicted the Pleadings17

City of Bethany, Oklahoma v. Rockwell Automation, Inc., ___F.Supp.3d___, Case No. CIV-16-1005-D (W.D. Ok. Sept. 1, 2017).

District Court Issues Mixed Ruling Regarding Ongoing Dispute between the City of Portland and the Monsanto Company Regarding PCBs and Polluted Water Supply19

City of Portland v. Monsanto Company, ___F.Supp.3d ___, Case No. 3:16-cv-01418-PK, (D. Or. Sept. 22, 2017).

District Court Confirms Limited Judicial Authority to Review Agency Resource Allocations from Lump Sum Congressional Appropriations21

Oceana, Inc. v. Ross, ___F.Supp.3d___, Case No. 1:15-cv-01220-ESH (D. D.C. Aug. 24, 2017).

In Groundwater Pollution Case, Absolute Pollution Exclusion Upheld by the District Court as ‘Manure’ Was a Policy-Defined ‘Pollutant’23

The Dolsen Companies, A Washington Corporation v. Bedivere Insurance Company, Case No. 1:16-CV-3141-TOR (E.D. Wa. Sept. 11, 2017).


California Court of Appeal Upholds State Water Board’s Substitute Environmental Document for Maintaining Instream Flows in California Coastal Streams25

Living Rivers Council v. State Water Resources Control Board, ___Cal.App.5th___, Case No. A148400 (1st Dist. Sept. 28, 2017; modified Oct 17, 2017).