Western Water Law & Policy Reporter

FEATURE ARTICLE

Idaho Water Users Fear Encroachment of Regional Matters on the Snake River Water Rights Act of 2004—The ‘Nez Perce Agreement’ by Andrew J. Waldera, Esq., Sawtooth Law Offices, Boise, Idaho63

WESTERN WATER NEWS

Federal Government to Provide $250 Million in Funding to Local Agencies for Salton Sea Restoration Projects66

LEGISLATIVE DEVELOPMENTS

Washington State Joint Legislative Task Force Issues Report on Water Resource Mitigation68

REGULATORY DEVELOPMENTS

In a Major Regulatory Step, FERC Approves Removal of Four Dams on the Klamath River71

U.S. Bureau of Reclamation Utilizes Hydrologic Scenarios to Predict Inflow at Lake Powell and Lake Mead73

Colorado Adopts New Regulation to Allow Direct Potable Reuse of Public Water Supplies74

California Coastal Commission Approves Substantial Desalination Pro-

ject76

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions78

JUDICIAL DEVELOPMENTS

Federal:

Georgia Municipal Immunity Does Not Shield Wastewater Treatment Utility from PFAS Lia-

bility81

Johnson v. 3M Company, ___F.4th___, Case No. 21-13663 (11th Cir. Dec. 21, 2022).

District Court Finds Colorado Mine Violated the Clean Water Act82

Stone v. High Mountain Mining Company, LLC, et. al., ___F.Supp.4th___, Case No. 19-CV-1246 (D. Colo. 2022).

State:

Washington Supreme Court Holds Guidance Providing for Broad Discretion in Developing NPDES Testing Requirements Not Subject to Notice-And-Comment Rulemaking Procedures84

Northwest Pulp & Paper Association v. State of Washington, Department of Ecology, Case No. 100573-3 (Wash. Sup. Ct. Dec. 8, 2022).