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Western Water Law & Policy Reporter

January 2020

Volume 24, Number 3 January 2020


U.S. Army War College Report Analyzes Environmental Challenges to Army by Climate Change63


U.S. Department of the Interior Denies Federal Construction Funding Extension for Gila River Project Diversion65

California Department of Water Resources Completes Groundwater Basin Prioritization Process66

In Aid of Endangered Salmonids, Oregon Environmental Quality Commission Proposes Temporary Modification to Total Dissolved Gas Standard for Mainstem Columbia River68


Recent Investigations, Settlements, Penalties and Sanctions70



Ninth Circuit Orders EPA to Regulate Water Temperature in Columbia and Snake Rivers to Protect Salmon and Trout73

Columbia Riverkeeper v. Wheeler, ___F.3d___, Case No. 18-35982 (9th Cir. Dec. 20, 2019).

District Court Affirms Maryland’s Clean Water Act Section 303d Integrated Report74

Blue Water Baltimore v. Wheeler, ___F.Supp.3d___, Case No. 16-452 (D.C. Dist. Dec. 2, 2019).

District Court Holds U.S. Army Corps Is Not Obligated Under the Clean Water Act or Other Laws to Dredge Channels on Annual Basis76

San Francisco Bay Conservation and Development Commission v. U.S. Army Corps of Engineers, et al., ___F.Supp.3d___, Case No. 16-cv-05420-RS (N.D. Cal. Nov. 4, 2019).


Idaho Supreme Court Order Brings Close to Seven-Plus Years of Water Right Litigation in the Boise River System78

In the Matter of Accounting for Distribution of Water…, Case No. 44746-2017(Id. Dec. 10, 2019).

Texas Court Grants International Boundary and Water Commission’s Request for Temporary Restraining Order Preventing Construction of Private Border Wall79

North American Butterfly Association v. Neuhaus & Sons, LLC, Case No. C-5049-19-I (Tex. Dist. Ct. Dec. 3, 2019).

Utah Court of Appeals Finds Water Conveyance Easement Established Pursuant to 1866 Mining Act Permits Easement Holder to Seek Attorney’s


Allen Family Trust v. Holt, 2019 UT App 197 (Ut. Dec. 5, 2019).

Vermont Supreme Court Finds State Water Quality Standards May Compel Reduction in Hydroelectric Power Generation as a Condition of 401 Certification83

In re Morrisville Hydroelectric Project Water Quality, Case No. 2018-339 (Vt. Sup. Ct. Nov. 22, 2019).