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Western Water Law & Policy Reporter

June 2019

Volume 23, Number 8 June 2019

FEATURE ARTICLE

Nevada Supreme Court Follows Colorado’s Lead Regarding Anti-Speculation Doctrine by Debbie Leonard, Esq., McDonald Carano, Reno, Nev-

ada215

WESTERN WATER NEWS

Arizona and Drought Contingency Planning Regarding the Colorado

River—The Need for a Collaborative Approach to Adaptive Manage-

ment219

Modern Day Gold Rush Activity on Idaho’s South Fork Boise Ri-

ver221

Florida Makes Science Paramount in Water Resources, Water Quality and Sea Level Rise Concerns223

REGULATORY DEVELOPMENTS

EPA Issues Interpretive Statement on Application of the Clean Water Act to Point Source Discharges to Groundwater225

EPA Announces Proposed Rule Establishing Clean Water Act Aluminum Aquatic Life Criteria for Oregon Freshwaters227

California Department of Water Resources Announces Phase 2 Draft Basin Prioritization228

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions230

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Revives Environmental Groups’ NEPA Challenge to Department of Agriculture’s Gray Wolf Killing Policy234

Western Watersheds Project et al. v. Todd Grimm et al., ___F.3d___, Case No. 18-35075 (9th Cir. Apr. 23, 2019).

District Court Finds Federal Government Waived Sovereign Immunity for Negligent Responses to Flint Water Crisis236

Burgess v. United States, ___F.Supp.3d___, Case Nos. 17-11218, 18-10243 (E.D. Mich. Apr. 18, 2019).

State:

Colorado Supreme Court Clarifies Stance on Resume Notice, Water Court Jurisdiction238

Sheek v. Brooks, 2019 CO 32 (Colo. 2019).