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Western Water Law & Policy Reporter

November 2022

Volume 27, Number 1 November 2022


Ninth Circuit Finds No Waiver of California’s Water Board’s Section 401 Certification Authority—the Latest in the Battle of Authority to Regulate Federal Hydropower Projects by Brian E. Hamilton, Esq. and Holly Tokar, Esq, Downey Brand, LLP, Sacramento, California3


Metropolitan Water District Projects 2023 Water Demands Will Exceed Available Supplies from the Colorado River and the California State Water Project8

Steamflow Restoration Act Update— Salmon Recovery Funding Board

Begins Process of Technical Review and Recommendations the Washington Department of Ecology on Watersheds9


Federal Draft Water Infrastructure Bill Introduced Which Aims to Improve California’s Long-Term Water Supply and Regulatory Reliability11

Idaho Water Users Association Legislative Committee Considering Pieces of Groundwater-Related Legislation12


California Department of Water Resources Announces Steps to Support State Water Conservation Efforts Amid Severe Drought and Future Climate Change14


Recent Investigations, Settlements, Penalties, and Sanctions16



Ninth Circuit Holds that Native Alaskan Tribe Has an Implied Right to Fish Off the Tribe’s Reserva-


Metlakatla Indian Community v. Dunleavy, 48 F.4th 963 (9th Cir. 2022).

Ninth Circuit Affirms Judgment for FWS Service Based on Claim Preclusion in a Challenge under the Endangered Species Act19

Save the Bull Trout v. Williams, ___F.4th___, Case No. 21-35480 (9th Cir. Sept. 28, 2022).

Tenth Circuit Refuses Exclusive Jurisdiction on FERC-Licensed Project because Petition, Instead, Challenged the Corps’ Section 404 Permit21

Save the Colorado, et al. v. Spellmon, et al., ___F.4th___, Case No. 21-1155 (10th Cir. Sept. 30, 2022).

Third Circuit Affirms Dismissal of Clean Water Act Citizen Suit for Insufficient Pre-Suit Notice Written by Attorney23

Shark River Cleanup Coalition v. Township of Wall, 47 F.4th 126 (3rd Cir. Aug. 24, 2022).

District Court in Idaho Grants Motion for Remedies, Issues Injunction, but Limits Civil Penalties in Clean Water Act Claims25

Idaho Conservation League v. Shannon Poe, ___F.Supp.4th___, Case No. 1:18-CV-353-REP (D. Id. Sept. 28, 2022).


Colorado Court of Appeals Upholds Denial of Thornton Pipeline Project27

City of Thornton v. Board of County Commissioners of Larimer County, Case No. 21CA0467 (Colo.App. Sept 1, 2022).