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Western Water Law & Policy Reporter

October 2018

Volume 22, Number 11 October 2018

FEATURE ARTICLE

Nevada State Engineer Denies Southern Nevada Water Authority’s Groundwater Applications for Las Vegas Pipeline by Debbie Leonard, Esq., McDonald Carano, LLP, Reno, Nevada307

WESTERN WATER NEWS

Colorado’s State, County, and Local Water Officials Respond to Record Drought313

LEGISLATIVE DEVELOPMENTS

California Governor Brown Again Considering Legislation Aimed at

Curbing the State Water Board’s Authority over Water Rights Proceed-

ings315

REGULATORY DEVELOPMENTS

Federal Officials Direct Action on California Water Project Operations. .317

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions319

LAWSUITS FILED OR PENDING

U.S. Supreme Court Petitioned to Address Fourth Circuit’s Decision Regarding the Clean Water Act and Groundwater Acting as a Conduit to Surface Waters323

JUDICIAL DEVELOPMENTS

Federal:

District Court Requires EPA to Either Conduct Clean Water Act NPDES Permitting for Certain Stormwater Discharges or Prohibit Them325

Los Angeles Waterkeeper v. Pruitt, ___F.Supp.3d___, Case No. 2:17-CV-03454-SVW-KS (C.D. Cal. Aug. 9, 2018).

District Court Finds Res Judicata Fails to Bar Claims Challenging Approval of State Water Qual-ity Standards after Remanded-Agency Proceed-

ings327

Wild Fish Conservancy v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 15-cv-1731 (W.D. Wash. Aug. 7, 2018).

State:

Arizona Supreme Court Finds State Department of Water Resources Need Not Consider Unquantified Federal Reserved Water Rights in Determination of Land Use Development329

Silver v. Pueblo Del Sol Water Company, CV-16-0294-PR (Az. Aug. 9, 2018).

Oregon Supreme Court Upholds Port of Coos Bay Marine Terminal Permit332

Coos Waterkeeper v. Port of Coos Bay Oregon, 363 Or. 354 (Or. 2018).

Utah Court of Appeals Affirms Decision to Bar Diligence Claim Filed 14 Years Following Publication of Proposed Determination333

Utah State Engineer v. Johnson, 2018 UT. App. 109 (Ut.App. 2018).