Western Water Law & Policy Reporter
January 2019
Volume 23, Number 3
January 2019
FEATURE ARTICLE
The Ebb and Flow of the Federal Clean Water Act—EPA Releases New
Proposed ‘Waters of the United States’ Rule Defining the Scope of the Act by John Sittler, Esq. and Paul Noto, Esq., Patrick, Miller, & Noto, Aspen,
Colorado67
WESTERN WATER NEWS
Idaho Update—Inaugural Flood Management Grant Funding Exhaust-
ed72
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions74
REGULATORY DEVELOPMENTS
U.S. Department of Agriculture Announces $449 Million Loan to Assist in Developing the Sites Reservoir Project in California77
Oregon Department of Environmental Quality Reaches Agreement with Groups to Reduce Clean Water Act Permit Backlog78
LEGISLATIVE DEVELOPMENTS
California Assembly Bill 747, the State Water Resources Control Board, the Administrative Hearings Office and Water Rights Proceedings80
LAWSUITS FILED OR PENDING
Appeal Filed following State Court Ruling in Action to Compel New Mexico State Engineer to Compel Conservancy District to File a Proof of Beneficial Use82
WildEarth Guardians v. Tom Blaine, Case No. A-1-CA-37737 (N.M. Ct.App.).
JUDICIAL DEVELOPMENTS
Federal:
The Curious Case of the Dusky Gopher Frog—U.S. Supreme Court Limits Agency Discretion under the Endangered Species Act85
Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, ___U.S.___, Case No. 17-71 (Nov. 27, 2018).
Tenth Circuit Finds Settlement Agreement Between BLM and Environmental Groups Not Ripe for Challenge until Agency Implements the Settlement Provisions87
Southern Utah Wilderness Alliance v. Burke, 908 F.3d 630 (10th Cir. 2018).
District Court Dismisses Clean Water Act Citizen Suit Challenging Unpermitted Discharge of Pollutants via Groundwater Seeps89
Prairie Rivers Network v. Dynegy Midwest Generation, LLC, ___F.Supp.3d___, Case No. 18-CV-2148 (C.D. Ill. Nov. 14, 2018).
State:
Arizona Supreme Court Dismisses Hopi Tribe’s Public Nuisance Claims, Allowing Snow-Making with Reclaimed Water to Continue at Resort91
Hopi Tribe v. Arizona Snowbowl Resort Limited Partnership, Case No. CV-18-0057-PR (Az Nov. 29, 2018).
Nevada State Court Reverses Nevada State Engineer’s Prohibition on Domestic Well Drilling in
Pahrump Basin93
Pahrump Fair Water, LLC, et al. v. Jason King, P.E., et al., Case No. 39525 (5th Dist. Dec. 6, 2018).
