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Western Water Law & Policy Reporter

March 2023

Volume 27, Number 5 March 2023


Water Users and the State of Idaho Are Reviewing Conjunctive Management on the Eastern Snake Plain Aquifer111


California Legislature Introduces Bills Impacting Elevated Status of Pre-1914 and Riparian Water Rights113

Utah 2023 Legislative Preview—Water Related Bills114


U.S. Bureau of Reclamation Releases 2023 Flow Schedule for San Joaquin River Species117

Department of Water Resources Approves New Groundwater Sustainability Plans for Northern California Basins118

Colorado Finalizes the 2023 Water Plan120

Municipal Water Purveyor and Washington Department of Ecology Reach Settlement on Appeal of Water Right Change of Use Authorization123


Recent Investigations, Settlements, Penalties, and Sanctions125



Ninth Circuit Holds Rulemaking Petition Regarding Grizzly Bear Recovery Plan is Not Subject to Judicial Review128

Center for Biological Diversity v. Haaland, ___F.4th___, Case No. 21-35121 (9th Cir 2023).

Tenth Circuit Finds BLM Needs to Take a Hard Look under NEPA for New Mexico Fracking Permits129

Diné Citizens Against Ruining Our Environment et al. v. Bernhardt et al., ___F.4th___, Case No. 21-2116 (10th Cir. Feb. 1, 2023).

Fifth Circuit Affirmed Order to Remand for the Port of Corpus Christi Authority Regarding Dredging Operations131

Port of Corpus Christi Authority of Nueces County, Texas v. Port of Corpus Christi L.P., 57 F.4th 432 (5th Cir. 2023).

Fifth Circuit Upholds Permit for Oil and Gas Facility on Wetlands133

Shrimpers v. United States Army Corps, 56 F.4th 992 (5th Cir. 2023).


California Court of Appeal Rejects Challenge to EIR Prepared for Project to Connect the City of Buenaventura to the State Water Project135

California Water Impact Network v. City of San Buenaventura, Unpub., Case No. B315362 (2nd Dist. Jan. 4, 2023).