WESTERN WATER NEWS
Private Interests and Public Resources: The Current Legal Landscape of Colorado’s Blue River133
Washington State Faces a Fourth Consecutive Year of Drought134
LEGISLATIVE DEVELOPMENTS
Idaho Legislature Finalizes Significant Amendments to Idaho’s Permit-
Exempt Domestic Use Statutes137
REGULATORY DEVELOPMENTS
California Department of Water Resources Releases Final Land Subsidence Best Management Practices: Key Regulatory Shifts and Liability Expansions for Groundwater Sustainability Agencies139
PENALTIES AND SANCTIONS
Recent Investigations, Settlements, Penalties and Sanctions141
LAWSUITS FILED OR PENDING
Environmental Groups File Suit Challenging U.S. Bureau of Reclamation’s Operation of Central Valley Project146
Conservationists and Tire Manufactures Argue Sufficiency of Evidence That 6PPD from Tires Results in Toxic Runoff into Surface Waters147
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Finds EPA Violated Section 7 of the ESA by Failing to Consult with Fish and Wildlife Service before Promulgating Clean Water Act Water Quality Criteria for Cadmium149
Center for Biological Diversity v. United States Environmental Protection Agency, ___F.4th___, Case No 23-2946 (9th Cir. Mar. 3, 2026).
U.S. District Court Affirms that CWA Notice of
Violation Letters Need Only Be “Reasonably Specific” to Sufficiently Allert Violator of Unlawful
Discharge151
Californians for Alternatives to Toxics v. Travis Moreda Dairy, ___F.Supp.4th___, Case No. 24-CV-06632-SI (N.D. Cal., Jan. 27, 2026).
State:
California Supreme Court Declines Review of Challenge to SWRCB’s Probationary Determination for the Tulare Lake Subbasin152
State Water Resources Control Board v. Superior Court Kings County, ___Cal.App.5th___, Case No. F088909 (5th Dist. Oct. 29, 2025).
Las Posas Groundwater Adjudication Affirmed:
California Court of Appeal Endorses Comprehensive Basin Management Framework155
Las Posas Valley Water Rights Coalition v. Ventura County Waterworks District No. 1 et al., ___Cal.App.5th___, Case No. B330837(2nd Dist. Mar. 5, 2026).
Nevada Supreme Court Upholds Forfeiture of Long-Unused Groundwater Rights157
Egger Enterprises v. State Engineer, 142 Nev. Adv. Op. 18 (N.V. 2026).
