Western Water Law & Policy Reporter

FEATURE ARTICLE

31

LEGISLATIVE DEVELOPMENTS

U.S. Senate Bill 1770 Addresses Federal Tribal Water Rights in Arizona. .37

REGULATORY DEVELOPMENTS

U.S. Department of The Interior Releases Its Report of DOI Bureau Actions that ‘Potentially Burden Domestic Energy’39

Oregon Implements Changes to Clean Water State Revolving Fund

Rules41

Southern Nevada Water Authority Hopes to Diversity Water Portfolio with 250-Mile Pipeline42

LAWSUITS FILED OR PENDING

U.S. Supreme Court Considers Certiorari Order in Agua Caliente Case Regarding Existence of Federal Reserved Right to Groundwater44

Lawsuit Filed in U.S. District Court Seeks Determination that Colorado River Ecosystem is a ‘Person’ Capable of Possessing Water Rights46

Idaho Supreme Court Considering Flood Control ‘Use’ Question48

JUDICIAL DEVELOPMENTS

Federal:

Looming Rescission of Regulation Regarding Fracking on Federal Lands Deprived Tenth Circuit Court of Jurisdiction to Consider Appeal50

State of Wyoming v. Zinke, 871 F.3d 1133 (10th Cir. 2017).

Ninth Circuit Reverses Decision Allocating All CERCLA Response Costs in Water and Land Contamination to Military Contractor53

TDY Holdings, LLC v. U.S., ___F.3d___, Case No. 15-56483, (9th Cir. Oct. 4, 2017).

District Court Applies Discretionary Function Exception—Dismisses Claims under Federal Tort Claims Act for lack of Subject Matter Jurisdiction in Groundwater Contamination Case55

City of Lincoln. v. U.S., et al, ___F.Supp.3d___, Case No. 2:16-cv-1164-KJM-AC (E.D. Cal Sept. 25, 2017).

District Court Determines in Jemez River Adjudication that New Mexico Indian Pueblos Have No Aboriginal Water Rights56

United States on behalf of Pueblos of Jemez v. Abousleman, ___F.Supp.3d___, Case No. 83-cv-1041 MV/WPL (D. N.M. Sept. 30, 2017).