WESTERN WATER NEWS
Nevada as a Bellwether: What Aggressive Groundwater Administration Signals for the Interior West77
Settlement Reached in Indian Wells Valley Groundwater Authority Groundwater Sustainability Plan Lawsuits—Groundwater Rights Adjudication Continues78
REGULATORY DEVELOPMENTS
U.S. Environmental Protection Agency Proposes New Rule to Regulate Perchlorate in Response to the NRDC v. Regan Decision81
U.S. Environmental Protection Agency Proposing a New Rule Covering and Clarifying the Scope of Section 40183
U.S. Bureau of Reclamation Releases Draft Environmental Impact Statement Alternatives Report for Colorado River Management85
U.S. Fish and Wildlife Service and National Maring Fisheries Service
Propose New Endangered Species Act Rulemaking87
PENALTIES & SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions89
LAWSUITS FILED OR PENDING
Water Rights or Regulatory Mandates? The U.S. Supreme Court Confronts the Takings Clause in California92
Water for Energy Projects in Washington State—Supreme Court to Review Renewable Energy Project Near Columbia River94
JUDICIAL DEVELOPMENTS
Federal:
When One Species’ Lifeline Endangers Another: Ninth Circuit Clarifies Injunction Standards under the ESA96
San Luis Obispo Coastkeeper, et al. v. County of San Luis Obispo, ___F.4th___, Case No. 24-7807 (9th Cir. Dec. 3, 2025).
On Remand, Federal Claims Court Determines Ute Tribes May Proceed on Claims against Federal
Government for Breach of Trust98
Ute Indian Tribe of the Uintah and Ouray Indian Reservation v. United States, ___F.Supp.4th___, Case No. 18-359 (Fed. Cl., Dec. 31, 2025).
State:
California Court of Appeal Rejects Bond Validation for Delta Program—Finds DWR Lacked Authority to Issue Bonds100
Department of Water Resources v. Metropolitan Water District of Southern California, ___Cal.App.5th___, Case No. C100552 (3rd Dist. Dec. 31, 2025, certified for partial publication Jan. 28, 2026).
