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).