Western Water Law & Policy Reporter

FEATURE ARTICLE

As the Climate Changes, So Will Natural Resource Damage Claims by Steve Goldberg, Esq., Darrin Gambelin, Esq. and Holly Tokar, Esq., Downey Brand, LLP, California209

WESTERN WATER NEWS

California Governor Newsom Issues Drought Proclamations216

LEGISLATIVE DEVELOPMENTS

Proposed Legislation Would Allow California Groundwater Basins to Request an Extension for the Deadline to submit Groundwater Sustainability Plans218

California Assembly Bill Seeks to Heighten Water Conservation Efforts by Decreasing Urban Water Use Objectives for Indoor Residential Water Use219

REGULATORY DEVELOPMENTS

Idaho Agency Director Issues Contested Administrative Decision Considering Water Right Implications of Municipal Wastewater Reuse under State Law221

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties and Sanctions224

LAWSUITS FILED OR PENDING

U.S. District Court Considers 2019 Settlement Agreement Modification of the Court’s Orders in the Adjudication of the Chamokane Watershed—United States v. Anderson227

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Reverses Dismissal of Navajo Nation Complaint, Allows Tribe to Move Forward on Breach of Trust Claim For Management of Colorado River229

Navajo Nation v. U.S. Department of the Interior, ___F.3d___, Case No. 19-17088 (9th Cir. Apr. 28, 2021).

D.C. Circuit Addresses Petition Challenging FERC Decision on Hydropower License and Related Endangered Species Act Claims231

Shafer & Freeman Lakes Environmental Conservation Corporation v. Federal Energy Regulatory Commission, 992 F.3d 1071 (D.C. Cir. 2021).

U.S. Army Corps’ Clean Water Act Section 408 Requirements Upheld by the District Court234

Russellville Legends, LLC v. U.S. Army Corps of Engineers, ___F.Supp.3d___, Case No. 4:19-CV-00524-BSM (E.D. Ark. Mar. 31, 2021).

District Court Finds Congressional Authorization Limits Dam Management and Does Not Allow Discretionary Releases for Species Management236

San Luis Obispo Coastkeeper, et al. v. Santa Maria Valley Water Conservation District, ___F.Supp.3d___, Case No. CV-19-08696 (C.D. Cal. Apr. 15, 2021).

State:

California Superior Court Approves Stipulated Judgment in the Borrego Valley Groundwater Adjudication238

Borrego Water District v. All Persons Who Claim A Right To Extract Groundwater in the Borrego Valley Groundwater Subbasin No. 7.024-1, et al., Case No. 37-2020-00005776 (Orange County Super Ct. Apr. 8, 2021).