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Western Water Law & Policy Reporter

May 2018

Volume 22, Number 7 May 2018


Ninth Circuit Upholds Spill Injunction on Pacific Northwest’s Columbia and Snake River Dams to Benefit Juvenile Salmon and Steelhead by Marina Cassio, Esq, Marten Law, PLLC, San Francisco187


Controversy Grows with Upper Colorado River Basin States Upset with the Central Arizona Water Conservation District’s Water Strategy191

Lawsuit Invalidating Equitable Distribution Plan for Colorado River Water Prompts IID to Rescind the Plan—What about the Drought Contingency Plan to Protect Lake Mead?193

Lake Mead May Narrowly Avoid Interim Guidelines ‘Shortage Conditions’ Impacting Nevada and Arizona’s Access to Colorado River Water194


President and U.S. Congress Approve $1.3 Trillion Spending Bill Including $20 Billion for Water196

2018 Idaho Legislative Session Ends—Water Related Bills Update197


California State Water Resources Control Board Adopts Regulations Governing Use of Recycled Water for Surface Water Augmentation199



Tenth Circuit Upholds Clean Water Act Violation and Imposition of Conservation Easement in Private Enforcement Action201

Benham v. Ozark Materials River Rock, LLC, ___F.3d___, Case No. 17-5069 (10th Cir. Mar. 22, 2018).

Second Circuit Holds State Agency Waived Its Authority to Provide Water Certification under the CWA for a Natural Gas Pipeline203

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission, ___F.3d___, Case No. 17-3770-ag (2nd Cir. Mar. 12, 2018).

Ninth Circuit Holds Lower Court Erred in Finding Military Contractor 100 Percent Liable for CERCLA Cleanup Costs Largely Incurred During War Time Production205

TDY Holdings, LLC v. United States, ___F.3d___, Case No. 15-56483 (9th Cir. Amend. Op., Mar. 20, 2018).

Fourth Circuit Rules Groundwater Discharge May Be Basis for Clean Water Act Citizen Suit on Well Pleaded Claim207

Upstate Forever v. Kinder Morgan Energy Partners, L.P., ___F.3d___, Case No. 17-640 (4th Cir. Apr. 12, 2018).