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Western Water Law & Policy Reporter

October 2021

Volume 25, Number 11 October 2021


The California State Water Resources Control Board Approves Emergency Regulations for Water Right Curtailment Orders in Scott and Shasta Rivers

by Austin C. Cho, Esq., Downey Brand, LLP, Sacramento, California299


Colorado Update of Physical Water Transfers: Thornton Pipeline Project Moves Forward in Weld County, But Remains Stalled in Larimer Coun-



Bipartisan U.S. Senate Infrastructure Bill Includes $2.3 Billion to Improve or Remove Dams306


U.S. Bureau of Reclamation Declares First-Ever Water Shortage for the

Colorado River, Mandating Reduced Deliveries to the States of Arizona,

Nevada and to Mexico308

The Water Right Implications and Scope of Municipal Wastewater Reuse under Idaho Code Section 42-201(8)—A Judicial Question of First Impression on Appeal310

Washington State Department of Ecology Denies Application to Rely on Municipal Water Rights as Mitigation311


Recent Investigations, Settlements, Penalties and Sanctions314



Ninth Circuit Continues to Uphold the Significant Nexus Test for Navigable Waters Under the Clean Water Act316

Sackett v. U.S. Environmental Protection Agency, et al., 8 F.4th 1075 (9th Cir. 2021).

District Court in Arizona Vacates and Remands the Navigable Waters Protection Rule: Pre-2015 WOTUS Rules Spring Back Into Effect318

Pascua Yaqui Tribe v. U.S. Environmental Protection Agency, ___F.Supp.4th___, Case No. CV-20-00266-TUC-RM (D. Ariz. Aug. 30, 2021).

District Court Denies Clean Water Act Defendants’ Motions to Dismiss Indictment Counts for Insufficient Pleadings319

United States v. Bruce Evans, and Bruce Evans, Jr., ___F.Supp.4th___, Case No. 3:19-CR-009 (M.D. Pa. Aug. 19, 2021).

District Court in Oregon Declines to Dismiss ESA ‘Take’ Claim—Finds Case Not Barred by the Doctrine of ‘Primary Jurisdiction’ or Statute of Limitations321

Waterwatch of Oregon v. Winchester Water Control District, ___F.Supp.4th___, Case no 3:20-cv-01927-IM (D. Or. Sept. 22, 2021).


California Court of Appeal Finds Sufficiency of Water Supply Necessary for Eminent Domain Action Subject to CEQA324

Los Angeles Department of Water and Power v. County of Inyo, ___Cal.App.5th___, Case No. F081389 (5th Dist. Aug. 17, 2021).