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Western Water Law & Policy Reporter

November 2018

Volume 23, Number 1 November 2018


The Future is in Renewables in Arizona: The Impact of the Anticipated Navajo Power Generating Station’s 2019 Closure3

The Multitude of Oversight for California’s Oroville Dam—Will This Become a Model for Dams throughout the State and in the West?4


California Governor Brown Signs Bill Authorizing Regional Water Boards to Order the Provision of Sewer Service to Disadvantaged Communities7


Full Steam Ahead with California’s Water Quality Control Plan Update-


Idaho Department of Water Resources Issues FEMA-Related Administrator’s Memorandum to Maintain State National Flood Insurance Program Coverage12

New Mexico Water Agencies Are Updating the State Water Plan13


Recent Investigations, Settlements, Penalties and Sanctions16


U.S. Supreme Court:

U.S. Supreme Court Denies Appeal in California Martins Beach Public Access Case, Letting Stand the Decision of the State Court of Appeal20

Martins Beach I, LLC et al, v. Surfrider Foundation, S. Ct No. 17-1198;

[Surfrider Foundation v. Martins Beach 1, LLC, et al., 14 Cal.App.5th 238 (1st Dist. 2017).]

Circuit Court of Appeals:

Ninth Circuit Rejects Challenge to Oregon Senate Bill Which Banned Motorized Mining in Salmonid Habitat Areas, Finding No Federal Preemp-


Bohmker v. Oregon, 903 F.3d 1029 (9th Cir. 2018).

Deepening a Circuit Split, Tenth Circuit Holds Six-Year Statute of Limitations for Many Federal Environmental Statutes Is Subject to Equitable Toll-


Chance v. Zinke, 898 F.3d 1025 (10th Cir. 2018).

Federal Circuits Split on Applicability of Clean Water Act to Groundwater Contamination with Sixth Circuit’s September 2018 Decision26

Tennessee Clean Water Network, et al v. Tennessee Valley Authority,___F.3d___, Case No. 17-6155 (6th Cir. Sept 24, 2018).

District Court:

District Court Expands Environmental Protections in the U.S.-Mexico Border Regarding Water Contamination in the Tijuana River Valley28

City of Imperial Beach, et al. v. International Boundary Commission-United State Section, ___F.Supp.3d___, Case No. 18cv457-JM-JMA (S.D. Cal. 2018).