Western Water Law & Policy Reporter

WESTERN WATER NEWS

Idaho Water Users Concerned with Inslee-Murray Report Concerning

Potential Breaching of The Four Lower Snake River Dams to Spur Listed Salmon Recovery225

San Diego County Water Authority Receives Patent for New Pipeline

Inspection System227

LEGISLATIVE DEVELOPMENTS

U.S. Senators Introduce Financial Assistance Bill to Provide Additional Funding for Water Projects in the West229

REGULATORY DEVELOPMENTS

U.S. Environmental Protection Agency Agrees to Pay New Mexico and Navajo Nation $63 Million for Gold King Mine Spill231

California Coastal Commission Denies Permit to Build Desalination Plant in Huntington Beach Due to Environmental Risks232

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions235

JUDICIAL DEVELOPMENTS

Federal:

Tenth Circuit Determines Point Source’s Statute of Limitations Applies to State Claims in Federal Court Diversity Actions under the Clean Water

Act238

Allen, Jr., et al. v. U.S. Environmental Restoration, 32 F.4th 1239 (10th Cir. 2022).

Ninth Circuit Finds U.S. Forest Service Acted Arbitrarily and Capriciously in Approving Plan of Operations for Copper Mine239

Center for Biological Diversity v. U.S. Fish and Wildlife Service, 33 F.4th 1202 (9th Cir. 2022).

State:

California Court of Appeal Finds Bumble Bees May Be Classified as ‘Fish’ under the State Endangered Species Act240

Almond Alliance of California v. Fish & Game Commission, ___Cal.App.5th___, Case No. C093542 (3rd Dist. May 31, 2022).

Nevada Supreme Court Changes the Landscape on Groundwater Management in Over-Drafted Ba-

sins243

Diamond Natural Resources Protection & Conservation Association v. Diamond Valley Ranch, LLC, 138 Nev. Adv.Op. 43 (2022).

Washington Superior Court Rejects Department of Ecology’s Denial of Municipal Change—Upholds County Water Conservancy Board Recommendation245

Burbank Irrigation District No. 4 v. State, Department of Ecology, Case No. 22-2-50015-11. (Franklin Co. Super. Ct. May 2, 2022).