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Western Water Law & Policy Reporter

May 2023

Volume 27, Number 7 May 2023

WESTERN WATER NEWS

Biden Administration Announces $300 Million In Bipartisan Infrastructure Law Spending Towards California Water Infrastructure183

California Governor Issues Executive Order Terminating Provisions of Prior Drought Emergency Proclamations and Executive Orders185

187

LEGISLATIVE DEVELOPMENTS

Washington’s 2023 Legislative Session: Water Resources188

REGULATORY DEVELOPMENTS

EPA Proposes First-Ever Enforceable Nationwide Primary Drinking Water Standards for PFAS190

U.S. Bureau of Reclamation Releases Supplemental EIS on Colorado RiverOoperations at Lake Mead and Lake Powell191

California Department of Water Resources Spells out Next Steps for Inadequate Groundwater Sustainability Plans at State Water Board Meeting193

Colorado State Engineer Issues New Measurement Rules for Water Divi-

sion 6195

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions198

JUDICIAL DEVELOPMENTS

Federal:

Fourth Circuit Upholds Virginia’s Clean Water Act 401 Permit for Natural Gas Pipeline201

Sierra Club v. State Water Control Board, 64 F.4th 187 (4th Cir. Mar. 29, 2023).

District Court Awards Defendants their Costs in the Gold King Mine Release202

In re Gold King Mine Release in San Juan County, Colorado, ___F.Supp.4th, Case No. 18-CV-744-WJ-KK (D. N.M. Feb. 21, 2023).

Court of Federal Claims Partially Grants Motion to Impose Sanctions for Spoliation of Evidence Relating to Clean Water Act Permitting of Waste

Dischargse204

United Affiliates Corp. v. United States, 164 Fed. Cl. 565, 571 (Feb. 28, 2023).

State:

California Court of Appeal Upholds State Water Board’s General Waste Discharge Requirements in WQO 2018-0002206

Environmental Law Foundation v. State Water Resources Control Board, Case No. C093513, ___Cal.App.5th___, 305 Cal.Rptr.3d 862 (3rd Dist. 2023).