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Western Water Law & Policy Reporter

February 2019

Volume 23, Number 4 February 2019


U.S. Bureau of Reclamation and DWR Reach Agreements for Coordin-

ated Operations of California’s Central Valley and State Water Projects99

Nevada State Engineer Approves First-of-Its-Kind Groundwater Management Plan101


State of Wyoming Files Appeal to the Ninth Circuit Seeking to Overturn the District Court’s Decision Regarding the ESA Listing of the Greater Yellowstone Grizzly Bear104

Several Lawsuits Filed Challenging California’s Bay-Delta Plan Up-



Circuit Court of Appeals:

Industrial Activities and the Clean Water Act: Second Circuit Decision Helps Clarify What Activities May Require a Clean Water Act Per-


Sierra Club v. Con-Strux, LLC, ___F.3d___, Case No. 18-257 (2nd Cir. Dec. 17, 2018).

Fourth Circuit Finds Army Corps Lacked Statutory Authority to Nullify State-Imposed Special Conditions on CWA Nationwide Permit111

Sierra Club v. U.S. Army Corps of Engineers, 909 F.3d 635 (4th Cir. 2018).

District Court:

District Court Addresses Clean Water Act Motions to Dismiss in International Boundary Water Pollution Dispute113

City of Imperial Beach v. International Boundary & Water Commission, ___F.Supp.3d___, Case No. 18CV457 JM (S.D. Cal. Dec. 11, 2018).

Rule Delaying Applicability of Revised Definition of ‘WOTUS’ Vacated by the District Court, in Its Entirety, Due to Serious Procedural Errors115

Puget Soundkeeper Alliance v. Wheeler, ___F.Supp.3d___, Case No. C15-1342 (W.D. Wash. Nov. 26, 2018).


Environmental Group Wields CEQA in the California Court to Strike Down Irrigation District’s Approval of Water Conservation Project118

Oakdale Groundwater Alliance v. Oakdale Irrigation District, Unpub., Case No. F076288 (5th Dist. Nov. 27, 2018).

Oregon Court of Appeals Rules Department of State Lands Must Find Public Need before Issuing Wetland Removal Fill Permit120

Citizens for Responsible Development in The Dalles v. Wal-Mart Stores, Inc., 295 Or.App. 310 (Or.App. 2018).

Utah Court of Appeals Affirms that a Municipality is Not Constitutionally Obligated to Serve Residents outside of Its Boundaries121

Salt Lake City Corp. v Haik, 2019 UT App 4 (Ut.App. Jan 10, 2018).