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Western Water Law & Policy Reporter

December 2022

Volume 27, Number 2 December 2022

WESTERN WATER NEWS

Significant Summer Rains Avert New Mexico Water Supply Crisis Caused by Historic Wildfires—But Impact Water Quality, Property and Irrigation Systems35

New Technical Study Assesses Costs and Practical Considerations in Moving Water from the Mississippi to Fuel Drought Stricken Colorado River Basin37

LEGISLATIVE DEVELOPMENTS

Resolving Interstate Flow Issues—Interstate Agreements in the Modern Era: the Walla Walla Integrated Water Resource Plan39

REGULATORY DEVELOPMENTS

U.S. Department of the Interior Announces $210 Million for Drought Resilience Projects in the West41

California State Water Resources Control Board Adopts Water Conservation Standards for Urban Suppliers42

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions44

LAWSUITS FILED OR PENDING

U.S. Supreme Court to Address Colorado River Water Rights for the

Navajo Nation48

California’s PFAS Lawsuit Casts a Wide Net50

JUDICIAL DEVELOPMENTS

Federal:

D.C. Circuit Issues Extraordinary Writ Relief Commanding EPA to Comply with the Endangered

Species Act52

In re: Center for Biological Diversity, ___F.4th___, Case No. 21-1270 (D.C. Cir. Nov. 22, 2022).

D.C. District Court Grants Summary Judgment in Favor of Pipeline Project54

Red Lake Band of Chippewa Indians v. U.S. Army Corps of Engineers, ___F.Supp.4th___, Case No. 20-3817, No. 21-0189 (D. D.C. Oct. 7, 2022).

State:

Colorado Court of Appeals Allows ‘Relocation’ Damages Related to Interference with Pipe-

line56

Ute Water Conservancy District v. Rudolph Fontanari, Jr.; Ethel C. Fontanari; and Rudolph Fontanari, Jr. and Ethel Carol Fontanari Revocable Trust, 20CA2132 & 21CA0135