Western Water Law & Policy Reporter

FEATURE ARTICLE

U.S. Supreme Court Issues County of Maui Decision—Finds ‘Functionally Equivalent’ Test Guides the Inquiry Whether an NPDES Permit Is Required for Groundwater Point Sources that Link to Waters of the U.S. by Travis Brooks, Esq, Miller Starr Regalia, Walnut Creek, California217

WESTERN WATER NEWS

Is Idaho a Prior Appropriation State? The Debate Continues223

REGULATORY DEVELOPMENTS

California State Water Resources Control Board Adopts Permanent Monthly Water Use Reporting Requirements225

Oregon Department of Environmental Quality Proposes to Approve Water Quality Certification for the State University’s PacWave South Wave Energy Facility226

LAWSUITS FILED OR PENDING

California Obtains Temporary Halt to Current Federal Central Valley Project Operations to Protect Steelhead228

Environmental Groups File Suit in California Challenging State Water Project Approval230

Colorado Files Suit Against the Federal Government over New Waters of the United States Rule232

JUDICIAL DEVELOPMENTS

Federal:

District Court Finds Nationwide Permit for Keystone Xl Pipeline and Other Pipeline and Utility Projects Violates the Endangered Species

Act235

Northern Plains Resource Council v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. CV-19-44-GF-BMM (D. Mt. Apr. 15, 2020, amended order May 11, 2020).

State:

Utah Supreme Court Finds State Constitution Did Not Contemplate Treating Trust Held Land in

Unincorporated Part of Salt Lake County to Be an Inhabitant of Salt Lake City Entitling It to Water Delivery237

Salt Lake City Corp. v. Haik, 2020 UT 29.

Washington Court of Appeals Rules on Application of Annual Consumptive Quantity Statue239

Loyal Pig, LLC and Columbia-Snake River Irrigators Association v. State of Washington, et al., Case No. 36525-5-III (Wash.App. Div. III, May 5, 2020).