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Western Water Law & Policy Reporter

January 2021

Volume 25, Number 3 January 2021




Federal Legislation Reintroduced to Tackle PFAS Water Contamination Issues74


U.S. Fish and Wildlife Service Issues Final EIS for Changes to Migratory Bird Treaty Act76

California Department of Water Resources Report to the California

Water Commission Highlights Impacts of Subsidence on the California Aqueduct77

Idaho Department of Water Resources Considering Extent of Municipal Water Right Use in the Context of Land Application-Based Reuse79



U.S. Supreme Court Rules in Favor of New Mexico in Latest Interstate Compact Water Dispute81

Texas v. New Mexico, 592 U. S. ____ (Dec. 14, 2020).

District Court Backs Washington State Department of Ecology Regarding Ban on Vessel Sewage Dumping in Puget Sound82

American Waterways Operators v. Wheeler, ___F.Supp.3d___, Case No. 18-cv-02933 (D. D.C. Nov. 30, 2020).

District Court Addresses Lessor Liability under the CWA for Violations of Former Tenants under a Terminated General Permit Regarding the Port of Tacoma84

Puget Soundkeeper Alliance v. APM Terminals Tacoma, LLC, ___F.Supp.3d___, Case No. C17-5016 BHS (W.D. Wash. Nov. 17, 2020).

District Court Holds Issuance of New NPDES Permit Does Not Moot Claims for Violations of Prior Permit if New Permit Is Stayed86

Sierra Club, Inc. v. Granite Shore Power LLC, ___F.Supp.3d___, Case No. 19-cv-216-JL (D. N.H. Nov. 25, 2020).

District Court in Oregon Denies Landowners’ Request for Preliminary Injunction against Irrigation District’s Canal Piping Project88

Smith v. Tumalo Irrigation District, ___F.Supp.3d___, Case no. No. 6:20-cv-00345-MK (D. Or. Nov. 13, 2020).


Settlement Reached in Dispute over Groundwater/Surface Water Conflicts in Nevada’s Humboldt River Basin91

Pershing County Water Conservation District v. Tim Wilson, P.E., Nevada State Engineer, CV15-12019, (11th Dist. Nov. 20, 2020).