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Western Water Law & Policy Reporter

March 2020

Volume 24, Number 5 March 2020

FEATURE ARTICLE

122

WESTERN WATER NEWS

Environmental Group WildEarth Guardians File ESA Petition to Protect Rio Grande Shiner129

Oregon Advocacy Groups Petition EPA to Take Action on Drinking Water Contamination in Lower Umatilla Basin—Legislature Introduces Bill Seeking Task Force to Address Nitrates in the Basin130

San Juan Capistrano, California, City Council Approves Santa Margarita Water District Annexation Agreement132

LEGISLATIVE DEVELOPMENTS

Summary of Select 2020 Colorado Water-Related Bills134

Idaho Municipal Water Providers Seek Statutory Amendments Reconciling Proof Periods for Planning Horizon-Based Water Rights136

REGULATORY DEVELOPMENTS

California Department of Water Resources Releases Notice of Preparation for Delta Conveyance Project138

Nevada State Engineer Uses Modern-Day Methodology to Determine Historical Water Duties in Adjudications139

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions142

JUDICIAL DEVELOPMENTS

Federal:

Seventh Circuit Affirms Dismissal of Challenge to State-Issued Clean Water Act 404 Permit145

Menominee Indian Tribe of Wisconsin v. U.S. Environmental Protection Agency and U.S. Army Corps of Engineers, et al., ___F.3d___, Case No. 19-1130 (7th Cir. Jan.27, 2020).

Citizen Suit Against County for Clean Water Act Violations Withstands Motion to Dismiss in the U.S. District Court146

Cox v. Board of County Commissioners of Franklin County, Ohio, ___F.Supp.3d___, Case No. 2:18-cv-1631 (S.D. Ohio Jan. 31, 2020).

State:

Washington State Supreme Court Invalidates Another Department of Ecology Rule148

Association of Washington Business, et al. v State of Washington, Department of Ecology, Case No. 95885-8 (Wash. Jan. 16, 2020).