WESTERN WATER NEWS
Banner Year for Snowpack Does Not Necessarily Yield Reservoir Storage in Nevada187
Faced with Climate Change Impacts and Increasing Scrutiny Surrounding Feasibility of Proposed Diversion Project, New Mexico’s Gila River Named Nation’s Most Endangered189
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions191
REGULATORY DEVELOPMENTS
California Department of Water Resources and Bureau of Reclamation Announce Increased Water Allocations Following Early Spring Storms194
California State Water Resources Control Board Adopts ‘State Wetland Definition’ and ‘Procedures for Dischargers of Dredge or Fill Material’195
Oregon Department of Environmental Quality Issues Draft General NPDES Permit for Seafood Processing197
LEGISLATIVE DEVELOPMENTS
The California Environmental, Public Health, and Workers Defense Act of 2019—California Pushes Back199
Proposed California Water Tax and Legislative Funding Proposals for Water Projects Compete for Support in Uphill Climb for Approval200
JUDICIAL DEVELOPMENTS
Federal:
Supreme Court Addresses Federally Reserved Water Rights, National Alaska Lands Act and Scope of the Park Service’s Authority over the Nation
River203
Sturgeon v. Frost, et al., ___U.S.___, 139 S. Ct. 1066 (U.S. Mar 26, 2019).
District Court:
District Court Rules EPA Acted Arbitrarily and Capriciously in Refusing to Regulate Certain Stormwater Discharges205
Blue Water Baltimore, Inc. v. Wheeler, ___F.Supp.3d___, Case No. GLR-17-1253 (D. Md. Mar. 22, 2019).
District Court Addresses Motions to Dismiss and to Stay in Case with Pollutant Discharges into the Tennessee River207
King v. West Morgan-East Lawrence Water and Sewer Authority, ___F.Supp.3d___, Case No. 5:17-CV-01833 (N.D. Ala. Mar. 13, 2019).
District Court Denies States’ Request for Preliminary Injunction in Challenge to Clean Water
Rule209
Ohio v. U.S. Environmental Protection Agency, ___F.Supp.3d___, Case No. 2:15-CV-2467 (S.D. Ohio Mar. 26, 2019).
State:
1909 Water Rights ‘Decree’ Overturned by Colorado Supreme Court for Lack of ‘Indicia of Enforceability’210
Yamasaki Ring v. Dill, 2019 CO 14 (Colo. 2019).
