Western Water Law & Policy Reporter
May 2018
Volume 22, Number 7
May 2018
FEATURE ARTICLE
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
WESTERN WATER NEWS
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
LEGISLATIVE DEVELOPMENTS
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
REGULATORY DEVELOPMENTS
California State Water Resources Control Board Adopts Regulations Governing Use of Recycled Water for Surface Water Augmentation199
JUDICIAL DEVELOPMENTS
Federal:
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).
