Western Water Law & Policy Reporter

WESTERN WATER NEWS

Nevada Update: Water Purchased by Walker Basin Restoration Program In 2010 Finally Reaches Walker Lake After Years of Court Delays275

New Mexico Update on Remediation and Eventual Permanent Remedy

of the Kirtland Air Force Base Jet Fuel Spill in Albuquerque Area

Aquifer277

LEGISLATIVE DEVELOPMENTS

California Governor Newsom Signs SB 200 Establishing Safe and Affordable Drinking Water Fund279

REGULATORY DEVELOPMENTS

U.S. Environmental Protection Agency Issues Proposed Rule Limiting State and Authorized Tribal Authority When Issuing Section 401 Water Quality Certifications281

New Biological Opinions Anticipated to Impact the Coordinated Operation and Water Supply of California’s Largest Water Projects282

California Department of Water Resources Releases Final California Water Plan Update 2018284

Idaho Department of Water Resources Issues Statutory Maximum Penalty to Ada County and Hydropower Dam Operators285

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions287

LAWSUITS FILED OR PENDING

Defenders of Wildlife Appeals Finding of Non-

Navigability in Aizona’s Salt, Gila, and Verde

Rivers290

JUDICIAL DEVELOPMENTS

Federal:

Tribe Intervenes as Required Party and Case Dismissed Based on Tribal Sovereign Immunity292

Dine Citizens Against Ruining Our Environment v. Bureau of Indian Affairs, ___F.3d___, Case No. 17-17320 (9th Cir. July 29, 2019).

It’s all in the Name—District Court Finds TMDL Failed the Clean Water Act as it Didn’t Specify Daily Limits on E. Coli294

Anacostia Riverkeeper, Inc. v. Wheeler, ___F.Supp. 3d___, Case No. 16-cv-1651 (D. D.C. Aug. 12, 2019).

State:

Colorado Supreme Court Declines to Embrace ‘Character of Exchange Rule’296

City & County of Denver v. Consolidated Ditches of Water District, Case No. 2, 2019 CO 68 (Col. July 1, 2019).

Oregon Supreme Court Upholds State Department of Environmental Quality’s Issuance of Suction Dredge Mining General Permit299

Eastern Oregon Mining Assoc. v. Department of Environmental Quality, 365 Or. 313 (Or. 2019).

Utah Court Supreme Court Requires Water User Participation in Administrative Proceedings Regarding Impairment of Water Rights301

Rocky Ford Irrigation Company v. Kents Lake Reservoir Company and Beaver City, 2019 UT 31 (Ut. 2019).