Western Water Law & Policy Reporter

FEATURE ARTICLE

Nevada Supreme Court Clarifies Nevada State Engineer’s Authority to Conjunctively Administer Hydrologically Connected Water Resources by

Micheline Fairbank, Esq., Fennemore Craig, PC, Reno, Nevada99

WESTERN WATER NEWS

Governor Gavin Newsom’s Office Releases Comprehensive Salmon Strategy for California106

New Mexico Governor Announces 50-Year Water Action Plan and Google Teamed Initiative to Identify Water Leaks and Inefficiencies Using Satellite Imagery108

LEGISLTATIVE DEVELOPMENTS

2024 Colorado Legislative Preview110

REGULATORY DEVELOPMENTS

California Department of Water Resources Determines Seven Basin Plans Incomplete in Final Review of Groundwater Sustainability Plans113

PENALTIES AND SANCTIONS

Recent Investigations, Settlements, Penalties, and Sanctions116

LAWSUITS FILED OR PENDING

Multiple Lawsuits Filed Challenging California Department of Water Resources’ Environmental Impact Report for the SF Bay Delta Conveyance Project119

JUDICIAL DEVELOPMENTS

Federal:

Ninth Circuit Court Affirms Dismissal of Clean Water Act and Endangered Species Act

Claims121

Kelly v. City of Poway, Unpub., Case No. 22-55920 (9th Cir. Dec. 19, 2023).

Tenth Circuit Requires More Rigorous Review to Determine When Seepage into Groundwater Is a Clean Water Act Discharge122

Stone v. High Mountain Mining Company, 89 F.4th 1246 (10th Cir. 2024).

District Court Rules on Motion for Summary Judgment Stemming from Allegations that a Rock Dam Harms Upstream Migrating Fish in Violation of the Endangered Species Act124

Puyallup Tribe of Indians v Electron Hydro, LLC, ___F.Supp.4th___, Case 2:20-cv-01864-JCC (W.D. Wash).