The Water Report - Table of Contents

     Each issue of The Water Report contains three or four detailed articles on water rights and water quality issues that go into great depth on the subject. The "Water Briefs" section of the newsletter covers current events/litigation in the fields of water law and environmental law and provides contacts for additional information.

TWR #169: March 15, 2018

In-Depth Water Articles:

1944 Treaty With Mexico: Allocating Rio Grande Water - A South Texas Perspective by Glenn Jarvis, Law Offices of Glenn Jarvis (McAllen, Texas)

Mitigating for Development - Exempt Well and Water Allocation Mitigation Legislation in Washington State: The “Hirst-Foster Fix” by Chris Pitre, Coho Water Resources (Seattle, WA)

Klamath Takings Claims Denied: End of a Long Dry Road: Federal Court of Claims Rejects Klamath Farmers’ Takings Claims by Douglas MacDougal, Marten Law Group (Portland, OR)

Water Briefs:
Compact Settlement Between Colorado and Nebraska: Republican River Compact
“Point Source” Ruling in Clean Water Act Case: Polluted Wells Discharge Requires NPDES Permit
Snowpack Research in the West: Dramatic Declines Due to Climate Change
Earthquake Risk Study in Permian Basin of Texas & New Mexico: Fracking-Induced Quakes
California WaterFix Economic Analysis Prepared for Department of Water Resources
Integrated Management Study Released: LA Sustainable Water Project: Los Angeles City-Wide Overview
Instream Flows in Colorado: Irrigation Timing Agreement - Pilot Project
Guidance Framework for Direct Potable Reuse in Arizona Published
Columbia River Basin: Toxic Contamination Online Map Developed

TWR #168: February 15, 2018

In-Depth Water Articles:

Adjudication & Historical Use: Gathering and Preserving Evidence of Historical Use in Montana’s Statewide Adjudication of Water Rights by Abigail R. Brown, Farve & Brown Law, PLLC (Helena, MT)

Surface Water Flooding: Due Diligence & Risk Management by Curt Ledford and Sylvia Harrison (McDonald Carano, Las Vegas & Reno, NV)

Conflict Resolution in Washington: The Place for Ethics in the Resolution of Hirst and Other Water Conflicts in Washington State by Thomas M. Pors, Law Office of Thomas M. Pors (Seattle, WA)

Water Briefs:
Reclamation Title Transfer Practices: Senate Testimony by Austin Ewell, Interior's Deputy Asst. Secretary for Water and Science
Spring-Run Chinook Salmon Successfully Spawn: San Joaquin River Restoration Program
Groundwater Recharge Program in the Eastern Snake Plain Aquifer in Idaho
WOTUS Rule and the Clean Water Act Jurisdiction Update: Supreme Court Decision and Delay of Rule
Water Energy Nexus in California: Reduced Energy Use From Water Conservation Measures
Hirst Fix” in Washington State: Water Supply Legislation Passed to Address Exempt Wells and Water Availability
Landowner Guide for Endangered Species Act Questions Released
Reclaimed Water in Washington: Recycled Water Rule Adopted by Agency to Streamline Process
Legionnaires’ Disease - Cooling Towers’ Threat: Study from the US Center for Disease Control and Prevention
Unauthorized Fill and Enforcement Order Regarding Washington State River: Restoration Plan, Permits and Penalty
Produced Water in the Uinta Basin, Utah: Evaluation of Reservoirs, Water Storage Aquifers, and Management Options - Utah Geological Survey Study

TWR #167: January 15, 2018

In-Depth Water Articles:

Lake Powell Water: Shepherding Appropriated Water Within Colorado and to Lake Powell - For Colorado River Compact Security by Lawrence J. MacDonnell and Anne J. Castle, Getches Wilkinson Center for Natural Resources, Energy, and the Environment (University of Colorado / Boulder, CO)

Public Interest & Water Law: An Examination of Public Interest in Washington State Water Law by Rachael Paschal Osborn

Municipal Water Supply: The Successful Struggle to Secure the City of Bend’s New Water Supply Project by Douglas MacDougal, Marten Law LLP (Portland, Oregon)

Water Briefs:
Tribal Groundwater: Quantity Issues Remain After Supreme Court Allows Agua Caliente Case to Stand
USGS Study: Groundwater Quality in the Rio Grande Aquifer System, Southwestern United States
Water Treatment in Texas: Innovative Treatments Pilot Testing
Unauthorized Use in California: Nestlé Investigation Report Issued by State Water Board
National Forest Access: Water Rights & “Takings” Decision in Favor of Ranchers' Use
“Culvert Case” Appeal to Supreme Court: Washington AG's Petition
Water Storage: Draft Reallocation Report for Corps' Willamette Basin Project
Interior's Mining Ban Upheld for Grand Canyon Area by Ninth Circuit
Illegal Groundwater Pumping of Odessa Aquifer Results in Significant Fines in Washington
PCBs Lawsuit Filed by Oregon Against Monsanto: Long-Time Knowledge of Toxicity Alleged

TWR #166: December 15, 2017

In-Depth Water Articles:

Climate Change & Summer Streamflows: Climate Change Influence on Summer Streamflows - Unanticipated Discovery While Studying Other Influences by John Porcello, LHG, Walter Burt, LHG, & Jacob Gorski, PE (GSI Water Solutions, Portland, OR) & Ty Wick (Spokane Aquifer Joint Board, Spokane, WA)

San Joaquin Valley Subsidence: Edited/Condensed from California Department of Water Resources February 8, 2017 Press Release

Groundwater & Subsidence: Measuring Land Subsidence in California Using Earth-Observing Radar by Cathleen E. Jones, Tom G. Farr, Zhen Liu of the Jet Propulsion Laboratory, California Institute of Technology (Pasadena, CA)

Water Briefs:
“Water Markets in the Ogallala Aquifer” Released by WestWater Research
Instream Flows in Nebraska: Fishery Flows Approved for Seasonally Adjusted Flows
Hypoxia Task Force Releases Gulf of Mexico Impacts - 2017 Report to Congress
“Of Dreamliners and Drinking Water: Developing Risk Regulation and a Safety Culture for Direct Potable Reuse”
Water Exchange in Oregon: Nestlé Application for Bottled Spring Water Withdrawn by State
Anti-Speculation Appellate Decision in Oregon: Application for McKenzie River Water Right Denied Based on Time Limitation
Groundwater Project in California: Pipeline Easement Issue Under 1875 Railroad Act for Cadiz' Water Project in Desert

TWR #165: November 15, 2017

In-Depth Water Articles:

Floodplains and Flood Risk: A Brief Overview of Changing Management Responsibilities by Andrea P. Clark, Downey Brand LLP (Sacramento, CA) & Molly Lawrence, Van Ness Feldman LLP (Seattle, WA)

Water: A Fundamental Right - Constitutionality of the Prior Appropriation Doctrine by James H. Davenport, Attorney, JHDavenport LLC, (Buena, WA)

Public Private Partnerships: Can They Work for Federal Water Infrastructure? by Martin Doyle, Duke University, Nicholas Institute for Environmental Policy Solutions (Durham, NC)

Wastewater and Irrigation: City of Hermiston Reclaimed Water Award by David Moon, Editor

Water Briefs:
Pilot System Water Conservation Program in the Upper Colorado River Basin: RFP Request
Clean Water Act Criminal Charges in Missouri: Chicken Feed Spill
Enforcement Policies in California: Water Quality Revisions Approved
Clean Water State Revolving Fund Infrastructure Program: Projects Recognized for Excellence & Innovation
“Water Conservation Benefits of Urban Heat Mitigation” Published Regarding Cool Roofs
Superfund Cleanup Approved in Houston: Dioxin Contamination & Flooding by Hurricane Harvey
Wastewater Technology Innovation Award for Cellulose Recovery
Arsenic Exposure in Domestic Wells: USGS-Center for Disease Control Study
Nestle Water Exchange in Oregon: Governor's Request to Withdraw Application
Climate Change Economic Exposure Report by GAO

TWR #164: October 15, 2017

In-Depth Water Articles:

Cold Water Fish Refuges: EPA’s Columbia River Cold Water Refuges Project by John Palmer, US Environmental Protection Agency Region 10 (Seattle, WA)

Precipitation Forecasting: San Francisco Precipitation Forecasting to be Greatly Improved by Carl Morrison, President, Morrison & Associates, Inc. (San Francisco, CA)

Addressing Climate Change: The Nooksack Indian Tribe Climate Change Project by Oliver Grah & Jezra Beaulieu, Nooksack Indian Tribe Natural Resources Depart. (Deming, WA)

Water Briefs:
“Takings” Claims Denied in the Klamath Basin: Contract Limitations & Senior Tribal Rights Prevail
Scarcity Pact with Mexico: Colorado River Sharing Agreement - Minute 323 Approved
Floodplain Management and Flood Resilience: Current Policy and Considerations for Congress - Congressional Research Service Report
Water Reuse in Colorado: Denver Area “Wise” Program
Climate / Coal Decision in Wyoming: BLM Leasing Disapproved by 10th Circuit
Enforcement Hearings Legislation in California: Administrative Law Judges To Handle
Bay-Delta Plan: California State Water Resources Control Board Posts Materials
Wastewater Infrastructure: Overview, Funding, and Legislative Developments - Congressional Research Service Report
Dry Groundwater Wells in the Western United States: Drought Impacts / Groundwater Infrastructure Researched for 17 Western States
Aamodt Settlement in New Mexico: Adjudication Conditions Met - Interior Secretary Zinke Announces in the Federal Register
Edwards Aquifer in Texas: Pollution Protection Hearings to be Held by TCEQ
Pesticides Court Order: EPA Withheld Documents Regarding Enlist Duo (Dow Chemical) on Harm to Protected Wildlife
Water Strategy in Utah: Recommended State Water Strategy Published for 50-Year Plan to Manage Water Resources

TWR #163: September 15, 2017

In-Depth Water Articles:

Engaging with Tribes: Implementing California’s Sustainable Groundwater Management Act - Requirements, Rights, Options & Opportunities As Concerns Tribes by Stephanie Lucero JD, LLM; Marcelle E. DuPraw PhD; Sarah Di Vittorio PhD; and Dave Ceppos, The Center for Collaborative Policy (Sacramento, CA)

Washington Water Code: Perspectives on Washington State’s Water Code on its 100th Anniversary by Joe Morrice, LHG, Associate Hydrogeologist, Aspect Consulting, LLC (Seattle, WA)

Financing Green Stormwater Infrastructure - Adapted from "Working with the Market: Economic Instruments to Support Investment in Green Stormwater Infrastructure” (2017)
by Seth Brown, Storm and Stream Solutions, LLC (Springfield, VA) and Carrie Sanneman, Willamette Partnership (Portland, OR)

Water Briefs:
“EPA’s Voluntary WaterSense Program Demonstrated Success” - Office of the Inspector General (EPA) Report
Sewer Overflows Project: “Big Pipe” Success in Portland, Oregon
Agricultural Water Conservation Grants Approved by Texas Water Development Board
Urban Supply Plans: Incremental Infrastructure Additions Versus Large-Scale Projects
SGMA Requirements & Extraction Information Released by California's State Water Resources Control Board
“Trading Sustainably: Critical Considerations for Local Groundwater Markets Under the Sustainable Groundwater Management Act” - Report Released
Wastewater Spill in Montana: DEQ Announces Consent Order With Fines, Reimbursement & Project Requirements
Mercury Water Quality Criteria Limits Approved by EPA in California
Pesticides Impact: USGS Midwest Study Released - Toxicity in Streams Impact
Yakima Stream Adjudication for Surface Water Rights in Washington Nearing End

TWR #162: August 15, 2017

In-Depth Water Articles:

Groundwater Sustainability Plans: California’s Newly-Formed Groundwater Sustainability Agencies - The Rewards of Optimizing Effective Coordination & Collaboration by Marcelle E. DuPraw Ph. D., Sarah Di Vittorio Ph.D., Dave Ceppos, Meagan D. Wylie, Malka Kopell, Stephanie Lucero J.D., Tania Carlone, Mindy Meyer, and Stephanie Horii, The Center for Collaborative Policy (Sacramento, CA)

Groundwater Mitigation: Piloting Groundwater Mitigation in Arizona’s Verde Valley by Amanda E. Cronin, M.S., AMP Insights; Jocelyn Gibbon, J.D., Freshwater Policy Consulting; and Davíd Pilz, J.D., AMP Insights (Seattle, WA)

Integrated Water Project Development: Diverse Groups Set Aside Differences to Improve Conditions in the Icicle Creek Basin by Mike Kaputa, Director, Chelan County Natural Resources Department (Wenatchee, WA)

Water Briefs:
Outstanding Resource Water Designated in Oregon: Anti-Degradation Standard
Ogallala Aquifer Continues Long-Term Decline: USGS Report Released
Groundwater Use & Surface Water Impacts on Fish Community in Kansas
Aspen Water Storage & Management Strategies in Colorado
Climate Change Impact on Water Resources and Irrigated Crop Yields: MIT Study
Uranium Mine Cleanup in New Mexico: EPA Contract Awarded to Navajo-Owned Company
New Water Sources: Impact on Water Demands From Coal Production Declines - WestWater Research Report

TWR #161: July 15, 2017

In-Depth Water Articles:

Tribal Rights to Groundwater: Analysis of the Agua Caliente’s Water Case by Catherine F. Munson and Mark Reeves, Kilpatrick Townsend LLP (Washington, D.C.)

Onsite Treatment & Reuse: Overcoming the Barriers by Paula Kehoe, Director of Water Resources, San Francisco Public Utilities Commission

Kirtland Air Force Base Cleanup: Bulk Fuel Leaks Remediation - A Collaborative Approach to a Complex Site Remediation by Kathyrn Lynnes and Dr. Adria Bodour, US Air Force (Albuquerque, NM)

Water Briefs:
Errata: Todd Votteler's Bio - Author in TWR #160 of Texas Surface Water and Whooping Crane Dispute
Tribal Groundwater Decision (Aqua Caliente) Appealed to US Supreme Court by Water Districts
Climate, ESA, & Tribes - Baseline Data Importance: 2017 Tribal Environmental Leaders Summit – Report for EPA Region 10
Qualitative Assessment: Evaluating the Impacts of Climate Change on Endangered Species Act Recovery Actions for the South Fork Nooksack River, WA
Ranchers' Water Rights in New Mexico: Licenses Granted by State Engineer for National Forest Stockwater Use
EPA Releases Green Infrastructure in Parks: A Guide to Collaboration, Funding, and Community Engagement
Colorado River Critical Infrastructure Needs" White Paper Released by the Walton Family Foundation
“Algal Indicators in Streams: A Review of Their Application in Water Quality Management of Nutrient Pollution” Published by EPA
Streamflow Impacts in Kansas - USGS Report Released
Mercury Rule & Dental Practices: Reducing Discharges Into Municipal Sewage Treatment Plants (POTWs)
Clean Water Rule: Trump Administration Moves to Rescind 2015 “Waters of the U.S.” Definition
Rate Structure Battle in California: Court of Appeal Ruling Lauded by Both Parties - Appeal Expected

TWR #160: June 15, 2017

In-Depth Water Articles:

Texas Surface Water and Whooping Crane Dispute: From Litigation to Collaboration by Todd Votteler, Ph.D., Guadalupe-Blanco River Authority (Seguin, TX)

Watershed Assessment & Planning: Using Hydrologic and Biologic Condition Assessment to Improve Stream Health - Puget Sound Region Example by Robin Kirschbaum, Robin Kirschbaum, Inc., (Seattle, WA)

Clean Water Act Rule: Review of the Clean Water Act Jurisdictional Rule - Considerations for Moving Forward by John A. Kolanz, Otis, Bedingfield & Peters, LLC (Loveland, CO)

Water Briefs:
Errata: Kickapoo Tribal Water Right Agreement - Correction by Susan Metzger, Assistant Secretary, Kansas Department of Agriculture
Tribal Culvert Decision on Treaty Fishing Rights Stands
Price of Water 2017: Annual Utility Report by Circle of Blue
Climate Database for Western States Services Created
Recycling & Reuse: Reclamation Awards
Fracking Moratorium in California: BLM Settlement
Survey of Interbasin Water Transfer Laws in Western States Published
“A Northwest Vision for 2040 Water Infrastructure: Innovative Pathways, Smarter Spending, Better Outcomes” Released
Salmon Resiliency: Recovery Plan Released in California

TWR #159: May 15, 2017

In-Depth Water Articles:

Water Markets in the Western US: Developing Healthy Markets — Issues and Opportunities by Bruce Aylward, AMP Insights (Beaverton, OR)

Texas Water Planning - Regional Water Planning Process: A Texas Success Story by Bech Bruun, Chairman, Texas Water Development Board

State-Tribal Water Rights Settlements Update - Compiled by David Moon, Editor

Water Briefs:
Produced Water Reuse in Oklahoma: Oilfield Reuse
Border Wall & Treaty: 1970 Treaty With Mexico Restrictions
Mandatory Conservation Standards Rescinded in California - Wasteful Practice Prohibitions Remain
Coal Strip Mine in Alaska: Chuitna Project Suspended
Water Efficiency: Water Closets Study Shows Conservation Potential
Groundwater Use Development Impact Study in Federal Agency Areas by USGS
Fish Consumption Risk Communications: Office of Inspector General (EPA) Report
Eminent Domain: Condemnation White Paper by Students at Texas A&M School of Law

TWR #158: April 15, 2017

In-Depth Water Articles:

Climate Change: Best Available Science - Climate Change & the Impact of Northwest Dams on Salmon & Steelhead by Stephen Mashuda, Earthjustice (Seattle, WA)

Restoration as Compliance: Watershed Restoration as a Regulatory Compliance Tool by Richard M. Glick and Michelle Smith, Davis Wright Tremaine (Portland, OR)

Watershed-Scale Restoration Program - Addressing Elevated Water Temperatures: Idaho Power Company’s Snake River Stewardship Program by Stacey Baczkowski and Ralph Myers, Idaho Power Company (Boise, Idaho) and Kaola Swanson and Tim Wigington, The Freshwater Trust (Portland, Oregon)

PCB Measurement & Removal - The Next Frontier in Microconstituent Regulation: A Case Study of PCBs in Municipal Wastewater Treatment by Lynn Williams Stephens, Michael Milne, Adam Klein, & Valerie Fuchs, Brown and Caldwell, WA, Rob Lindsay, Water Resources, Spokane County Environmental Services, WA and Lisa Rodenburg, Department of Environmental Science, Rutgers University, NJ

Groundwater Included in Treaty Water Rights: 9th Circuit Rules on Reserved Rights for Tribe by David Moon, Editor

Water Briefs:
Des Moines Water Quality Case Against Irrigators Dismissed
Waters of the US: EPA Proposes to Rescind or Revise
USGS Brackish Groundwater Inventory Released
Instream Flows Decision in Washington: Explicit Exceptions in Rules Can Result in Decreased Minimums
Reclaimed Water in Brewing: Full Circle Pale Ale
Reclamation Broad Authority Holding: Storage Releases for Fishery Upheld
Maryland Bans Fracking
P3s in Water Sector Report: “The Financial Impact of Alternative Water Project Delivery Models”
“Pueblo Indian Water Rights: Charting the Unknown” - Law Review Article
American Society of Civil Engineers Publishes The Infrastructure Report Card
Drought Impact Study in Washington and Independent Evaluation: Agricultural Economics
Stanford’s Water in the West Program Releases Colorado River Basin Environmental Water Transfers Scorecard
Groundwater in the US: USGS Surveys Identify Aquifers and Assess Water Quality

TWR #157: March 15, 2017

In-Depth Water Articles:

Public Trust Doctrine & Water Rights (The Walker River Case): Does the Public Trust Doctrine Apply to Water Rights Established in Judicial Decrees? by Roderick E. Walston, Best Best & Krieger (Walnut Creek, CA)

Federal Water Policy: Emerging Water Policies and the Trump Administration by Sean Taylor, Van Ness Feldman LLP (Washington, DC)

Water Transfers and the CWA: Of Soup Ladles & Marbles - Federal Court Reinstates EPA’s Water Transfers Rule by Sharon White and Charles Sensiba, Van Ness Feldman LLP (Washington, DC)

Montana v. Wyoming: Remedies and Damages in Interstate Compact Case by David Moon, Editor

Water Briefs:
Texas v. New Mexico: Rio Grande Litigation
Florida v. Georgia: Equitable Apportionment Denial
“The Political Economy of Water Markets” Released by Ecosystem Economics LLC and AMP Insights
“The 21st Century Colorado River Hot Drought and Implications for the Future” (Report) by Udall & Overpeck
“Unconventional Oil and Gas Spills: Risks, Mitigation Priorities, and State Reporting Requirements” - Policy Analysis Released
Basin Subsidence & San Joaquin Groundwater Pumping: NASA Report Released by CDWR
Lummi Nation & Dairy Farmers Water Quality Agreement: Cooperative Approach in the Nooksack River Basin

TWR #156: February 15, 2017

In-Depth Water Articles:

Aquifer Storage & Recovery - An Important Tool for Western States: Permitting Developments & Opportunities in Washington by Chris Pitre, Coho Water Resources, LLC (Seattle, WA)

Low Impact Development & Groundwater: Municipalities Should Consider Potential Groundwater Impacts Associated With Implementation of Washington State Low Impact Development Requirements by J. Scott Kindred, PE, Kindred Hydro, Inc. (Mercer Island, WA)

Water Reuse - Optimizing Water Resources in 2017 by Jim Mayer, Torrent Resources (Phoenix, AZ)

Fish Hatchery Clean Water Act Ruling: Federal Discharges Ruled Unlawful by David Moon, Editor

State Water Planning & Sustainability: Audit of Oregon Water Resources Department by David Moon, Editor

Water Briefs:
Rio Grande Compact: Special Master Report Issued in Texas v. New Mexico
2017 Water Market Outlook
and Alternative Water Transfers in Colorado Reports Released by WestWater Research
“Sustainability Policy Change” Proposed for Idaho State Water Plan
“Water Available for Replenishment” Groundwater Report Released by California Dept. of Water Resources
Stormwater: 2017 Construction General Permit Regulations issued by EPA
Sewer System Penalty for Clean Water Act Violations in Texas: Extensive Operational Improvements & Substantial Penalties
New Water Supply Projects: Ecology's Office of Columbia River Criticized in Economic Evaluation

TWR #155: January 15, 2017

In-Depth Water Articles:

Hydrogeology & Water Rights Transfers - Know Your Source: Hydrogeology & Water Rights Transfers in Washington State by Tyson D. Carlson, LHG, CWRE, Associate Hydrogeologist, Aspect Consulting, LLC (Yakima, WA)

Northwest Fuel Transportation Projects: The Thin Green Line Holds - Update on the Status of Fossil Fuel Transportation Projects in the Pacific Northwest by Kristen L. Boyles, Earthjustice (Seattle, WA)

Water & Growth Management: Washington State Supreme Court’s Hirst Decision - Separating Fact from Fiction and Navigating The Path Forward by Jeff Dickison, Assistant Director, Squaxin Island Natural Resources Department & Sharon Haensly, Attorney, Squaxin Island Legal Department (Shelton, WA)

Water Briefs:
Waters of the United States (WOTUS) Rule: Congressional Research Service Analysis
Hydraulic Fracturing: Drinking Water Impacts - EPA's Final Report Released
Infrastructure Loans: $1 Billion in New EPA Program Under the Water Infrastructure Finance & Innovation Act (WIFIA)
EPA Regulations: Too Much, Too Little, or On Track? - Congressional Research Service Report
Draft EIS Released by Reclamation for Regional Water Supply Project in New Mexico
Colorado River Futures Project: Policy Recommendations on Colorado River Management for New Administration
Portland Harbor Final Cleanup Plan - Record of Decision Released
Border Pollution: EPA Evaluation Determines "Unacceptable Risk to the Benthic Community” in Columbia River
Mountaintop Removal: Interior Releases Final Regulations on Impacts to Surface Water & Groundwater from Coal Mining

TWR #154: December 15, 2016

In-Depth Water Articles:

Oklahoma State - Tribal Settlement: Persistence & Shared Principles Result in Historic Water Agreement by Duane A. Smith, with Brian R. Vance (Duane Smith & Associates, Oklahoma City, OK)

Indian Reserved Rights in the 21st Century: Recent Developments in the Pacific Northwest by Duane Mecham, Acting Deputy Director, Secretary’s Indian Water Rights Office (US Dept. of the Interior, Washington DC)

Stockwater Rights on State & Federal Land: Ownership of State-Based Stockwater Rights by Rachel Meredith, Bloomquist Law Firm (Helena, MT)

Water Briefs:
potted Frog ESA Agreement Reached in Oregon: Temporary Boost in Flows & Long-Term Plan Consultation
Dakota Access Pipeline: Army Denies Easement to Cross Under Lake Oahe in North Dakota
Forest Service Reconsidering Management of Roads & Motorized Trails for Bull Trout Survival & Recovery: Lawsuit Stayed
Corps & Reclamation Sign ROD for Bypass Channel Alternative for Lower Yellowstone Intake Diversion Dam Fish Passage Project in Montana
Drinking Water Plan - Call to Action by EPA for Safety and Reliability

TWR #153: November 15, 2016

In-Depth Water Articles:

Land Use Planning & Water Availability: Washington Counties Required to Protect Minimum Flows From Permit-Exempt Wells in the Hirst Decision by David Moon, Editor

Moving Forward Following the Hirst Decision: Interview with Dave Christensen, Washington State Department of Ecology by David Moon, Editor

Municipal Water Supply: Redundancy vs. New Mexico’s Forty-Year Statute by Jeffrey J. Wechsler, Montgomery & Andrews (Santa Fe, NM)

Municipal Water Supply: Forty Year Focus for Municipal Water Planning in New Mexico - Water Source Redundancy & Conjunctive Management by James C. Brockmann, Stein & Brockmann (Santa Fe, NM)

Green Chemistry & Water: EPA’s Green Chemistry Awards Program - Edited/Condensed Excerpts from Presidential Green Chemistry Challenge Award Recipients 1996-2016

Water Briefs:
Condemnation Case in Montana: Missoula Prevails in Eminent Domain Decision
High-Flow Pulse: Grand Canyon Flooding by Department of the Interior
Lead and Copper Exposure: EPA Releases Revisions White Paper
Irrigation in U.S. Agriculture: On-Farm Technologies and Best Management Practices Released by Congressional Research Service
Aquifer Recharge and Wastewater Treatment Project
Stormwater Planning: EPA Long-Term Strategies and Tools
Speculative Right or Eco-Friendly Project: New Mexico Groundwater Application
Pesticide NPDES General Permit Finalized for Point Sources
Fisheries & Flows: Draft Scientific Basis Report by SWRCB for Sacramento River & Bay-Delta
Interior Tribal Order: Land & Water Cooperation Framework Issued
Conservation Reserve Program: Investment in Agriculture Lands by USDA
Water Reuse Plan: Advanced Treatment & Potable Water Reuse in San Diego

TWR #152: October 15, 2016

In-Depth Water Articles:

National Flood Insurance Program: Oregon Communities & Developers Face Significantly Heightened Standards Following ESA Consultation - National Impacts Probable by Molly Lawrence and Jenna Mandell-Rice, Van Ness Feldman LLP (Seattle, WA)

New Mexico’s Interstate Aquifers: Are They in Danger of Depletion? by John W. Shomaker, Ph.D., John Shomaker & Associates, Inc. (Albuquerque, NM)

Exempt Wells in Montana: Exempt Well Loophole Held Invalid by Montana Supreme Court by David Moon, Editor

Interview with Director John E. Tubbs: DNRC Director on the Exempt Wells Decision by David Moon, Editor

Water Briefs:

“Human-Induced Earthquakes from Deep-Well Injection: A Brief Overview” Report by Congressional Research Service Released
Tribal Settlement in Kansas: State & Kickapoo Tribe Reach Agreement on Tribe's Water Right
“Estimating Monetized Benefits of Groundwater Recharge from Stormwater Retention Practices” - EPA New Study
Flow Requirements for Salinity & Instream Flows for the San Joaquin - Draft Proposal by State Water Board in California
Chromium 6 Pollution & Drinking Water Concerns in US: Analysis Released by the Environmental Working Group
Updated Climate Change Risk Assessment Tool for Water Utilities Released by EPA
Yellowstone River Oil Spill in Montana: Damage Settlement With ExxonMobil Pipeline Company
Agricultural Conservation Innovation Grants Funded by USDA
“Treatment of Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the Clean Water Act” - EPA Final Rule
“An Evaluation of California’s Special Act Groundwater Districts” Report Released by California State Water Board
Nutrient Pollution Call to Action Memo by EPA

TWR #151: September 15, 2016

In-Depth Water Articles:

Washington State Rural Water Strategies by Jason McCormick, McCormick Water Strategies (Yakima, WA) & Dave Christensen, Washington State Department of Ecology (Olympia, WA)

Prior Appropriative Rights & Diligence: A 21st Century Perspective by Sarah A. Klahn, Esq., White & Jankowski, LLP (Denver, CO)

Rio Grande Compact Suit Update: Texas v. New Mexico and Colorado by Jay F. Stein, Stein & Brockmann, P.A. (Santa Fe, NM)

Water Briefs:
Water Rights Settlement in Oklahoma: Tribes, City and State
Water Quality Trading: Federal Agencies Provide Support for Growing Markets
Tribal Attorney Fees and Past Response Costs Awarded in Transboundary Pollution Case
Earthquake Shutdown in Oklahoma: Oil and Gas Disposal Wells Shut Down
“Protecting Source Water in Colorado During Oil and Gas Development” - Collaborative Report
Gold King Mine Spill: Navajo Nation Sues EPA / Site Listed on Superfund List
“Indian Treaty Fishing Rights and the Environment: Affirming the Right to Habitat Protection and Restoration” - Expert Releases Culvert Case Paper
Mining Wastewater: Clean Water Act Settlement Leads to Management & Monitoring to Prevent Contaminated Discharges
Supply "Stress Tests" by Water Suppliers: California State Water Resources Control Board Reviews
Wastewater Cleanup in Spokane River: Court Finds NPDES Permit Inadequate
USFWS Releases National Listing Workplan for ESA listings and Critical Habitat Decisions

TWR #150: August 15, 2016

In-Depth Water Articles:

Water Storage in California: Decision Time for New Water Storage is Fast Approaching by Bill Swanson, P.E., MWH, now part of Stantec (Walnut Creek, CA)

The Columbia River Program: Forecasting Washington State’s Water Future on the Program’s Tenth Anniversary by Dan Haller, P.E., Aspect Consulting (With Foreword by G. Thomas Tebb, LHG, Director, Office of Columbia River)

Agriculture & the Clean Water Act: Ruling in Duarte Nursery v. Army Corps Concerning for Landowners by Tiffany Dowell Lashmet, Texas A&M Agrilife Extension (Amarillo, TX)

Water Briefs:
Capture & Reuse Release - Using Graywater and Stormwater to Enhance Local Water Supplies: An Assessment of Risks, Costs, and Benefits
Extreme Weather Database & Maps Released by Western Watershed Assessment
Northwest Indians Fishery Commission Release: “The State of Our Watersheds Report” - Salmon Recovery
Lake Mead Threat: Arizona’s Senator Secures Interior Commitment Regarding Stored Water in Lake Mead
Sediment in Kansas Reservoir: Storage Capacity Lost Due to Erosion and Storms
Water Quality Enforcement Policy: California's Proposed Amendments
Hydropower Decision in Washington: Aesthetic Flows & Public Interest Impact
Rio Grande Compact Battle Between Texas & New Mexico Headed to US Supreme Court: Special Master Report Recommends Denial of Motion to Dismiss
Nuclear Water Rights: Transfers From Irrigation Use to Nuclear Power Upheld by Appeals Court
Oil Spill Settlement in the Midwest: Clean Water Act & Pipeline Operations Result in Massive Settlement With Enbridge
“Estimating Watershed Degradation Over the Last Century and its Impact on Water-Treatment Costs for the World’s Large Cities” Study Released
Endangered Species Act Lawsuit Filed by Irrigation Districts Against Reclamation in California

TWR #149: July 15, 2016

In-Depth Water Articles:

Tribal Water Marketing: An Emerging Voice in Western Water Management by Brett Bovee (WestWater Research), Jeanette Wolfley (Univ. of New Mexico School of Law), Elese Teton and Gail Martin (Shoshone-Bannock Tribes Water Resources Department)

“Waters of the United States” - Not Quite Clear Yet by Richard M. Glick and Diego Atencio (Davis Wright Tremaine: Portland, Oregon)

Managing Water in Arizona: An Interview With Tom Buschatzke, Director of the Arizona Department of Water Resources - Interviewed by Doug Dunham, ADWR

Culvert Case: Ninth Circuit Decision - Tribal Treaty Fishing Rights Upheld: State Duty to Protect Salmon Fishery by David Moon, Editor

Water Briefs:
Accommodation Doctrine Held to Apply to Groundwater Interests in Texas
New Mexico v. Colorado: Gold King Mine Waste Spill Lawsuit
Drought Enforcement in California: Water Resources Control Board Dismisses Actions Against Irrigation Districts
Tribal Water Quality: Funding From EPA for Monitoring the San Juan River in Arizona
USGS Study & Mapping Tool: Decadal Change in Groundwater Quality: Comparing 1988-2001 to 2002-2012
Oil & Gas Effluent Pretreatment Standards Established by EPA for Extraction Category
Oregon Requests Oil Train Ban Moratorium Following Derailment - Prelim Report Blames Union Pacific
BLM Fracking Rules for Federal and Indian Lands Held Illegal by Federal Judge in Wyoming
Sea-Tac First US Airport to be Certified “Salmon-Safe”
Selenium Water Quality Criteria: EPA Publishes Final Chronic Aquatic Life Criterion (Fish Tissue Based) for Freshwater
Selenium Rule Proposed by EPA for San Francisco Bay & Delta to Tighten Standards
EPA's WaterSense Achievements Since Launch Noted

TWR #148: June 15, 2016

In-Depth Water Articles:

Water Quality Criteria & the Biotic Ligand Model: Proposed Updates to Statewide Copper Water Quality Criteria in Oregon by Diana Dishman and Craig Heimbucher, P.E., Integral Consulting Inc. (Portland, OR)

Water for Instream Flows: What Factors Influence the Expansion of Environmental Water Markets? by Alex Bennett, Lillian Burns, Adriel Leon, Martin Merz, Patricia Song, & Gary Libecap, Bren School of Environmental Science & Management, University of California, Santa Barbara, In cooperation with the Daugherty Water for Food Institute & Mammoth Trading

Small System Aquifer Storage & Recovery: Small System Utilization for Drinking Water by Bob Mansfield, Buffalo Geological Consulting

Water Briefs:
Clean Water Act Decision: Jurisdictional Determination Appealable Immediately
Drought Enforcement in California - Dismissals Proposed Due to Failure to Prove Water Not Available
Drought Regulations Replaced With “Stress Test” Approach in California
Tribal Water Lease in Idaho: Storage Rights Purchased to Mitigate for Groundwater Use
Stock Pond Permit Settlement: EPA & Landowners Settle Clean Water Act Lawsuit
Stormwater Runoff, Combined Sewer Overflows, and Infrastructure Research Funding Granted
Recommendations for Improving Water Transfers and Access to Water Markets in California Released by Association of California Water Agencies
Texas Water Plan / Management Strategies: 2017 State Water Plan Released
"Treatment As A State" - Clean Water Act Tribal Regulation: EPA's Revised Interpretation Published
USGS Report on the Colorado River's Source: Importance of Groundwater As Base Flow
Tribal Fishing Rights Lead to Coal Terminal Rejection by the US Army Corps of Engineers in Washington
NPDES Regs: EPA Proposes Targeted Updates to Regulations (Comment Period)

TWR #147: May 15, 2016

In-Depth Water Articles:

"Use It or Lose It" in Colorado Water Law: Understanding Conservation Concerns by Reagan M. Waskom & MaryLou Smith, Colorado Water Institute, Colorado State University

AG/MUNI Water: Rotational Leasing-Fallowing - Catlin Pilot Project Demonstrates Effectiveness by Leah Martinsson & Megan Gutwein, Berg Hill Greenleaf Ruscitti LLP (Boulder, CO)

Tribal Groundwater Resources: Management Considerations Under Current Law by Christopher Payne, Snell & Wilmer LLP (Phoenix, AZ)

Water Briefs:
Fracking Report Clarification
Fracking Spills in North Dakota: New Duke University Study on Widespread Water & Soil Contamination
Oil & Gas Lawsuit: EPA Sued Regarding Regulations on Drilling & Fracking Wastes
Using Graywater and Stormwater to Enhance Local Water Supplies: An Assessment of Risks,Costs, and Benefits Published
"Hydropeaking" Flows Study: Devastating Impacts on Aquatic Insects
Land & Water Conservation Fund: $95 Million to be Distributed - Short of Fully Authorized Level
Report on Water Available for Replenishment of Groundwater in California: Interim White Paper Released
Designing Effective Groundwater Sustainability Agencies: Criteria for Evaluation of Local Governance Options (CA) - Released by Wheeler Institute
Nevada's 303(d) List Show Progress on Impaired Waterways
WRF Published Water Efficiency Study: Residential End Uses of Water, Version 2 (2016)
2015 Highlights of Progress: Responses to Climate Change
Released by EPA's National Water Program
Water Quality Monitoring Report Released by Izaak Walton League of America: Haphazard & Limited
Columbia Basin Salmon BiOp Rejected by Federal Court: Fed Plan Invalidated for Fifth Time - ESA & NEPA Violated
Water Quality Standards Development: EPA Recommendations for Priority Actions/Approaches for States & Tribes
Green Infrastructure Guidance Announced by WRF: Capital Improvement Project Delivery Methods & Incentives for Green Infrastructure
SECURE Water Act Report by Reclamation: Climate Adaptation, Water Sustainability, and Online Tool
Liquid Assets: Investing for Impact in the Colorado Basin - Investment Blueprint Released

TWR #146: April 15, 2016

In-Depth Water Articles:

Water Demands & Utility Pricing: Using Economics to Promote Utility Resilience by Amy Hardberger P.G., Saint Mary’s University School of Law (San Antonio, Texas)

Fracking & Drinking Water Sources: Stanford Researchers Show Fracking’s Impact to Drinking Water Sources by Rob Jordan, Stanford Woods Institute for the Environment (Palo Alto, CA)

CELP’s Status Quo Defense is Disingenuous: Failure to Engage in Productive Solutions Perpetuates Problems by Thomas Pors, Law Office of Thomas M. Pors (Seattle, WA)

Two Wrongs Don't Make a Water Right: Washington’s Waters are Already Over-Allocated - Use of a “Values-based” Impairment Standard Would Create Further Problems
by Dan Von Seggern, Center for Environmental Law & Policy (Seattle, WA)

Nanotechnology & Water Sustainability: The Water Sustainability Through Nanotechnology Signature Initiative - New White Paper Highlights Key Technical Goals & Challenges

Water Briefs:
Stormwater Regs: New Construction General Permit for NPDES Permits Proposed by EPA
Columbia River Treaty: Canadian Negotiation Commitment Received from Prime Minister Trudeau
Rio Grande Lawsuit Filed: WildEarth Guardians Seek Historical Beneficial Use Accounting for Water Rights
Groundwater Recharge Banking Program: San Joaquin River Restoration Program Releases Draft EA/IS
Reuse & Conservation: EPA Research Funding Announced
Suction Dredging Moratorium Upheld in Oregon
A Practitioner’s Guide to Instream Flow Transactions in California Released
Wastewater Effluent Spill by Private Ski Area in Montana's West Gallatin River
Dam Removal: New Klamath River Agreements Signed
Metropolitan Water District of Southern California Found Liable for $8.9 Million in Attorney's Fees in Rate Case

TWR #145: March 15, 2016

In-Depth Water Articles:

National Flood Insurance & the ESA: In the Courts & On the Ground by Annette Pearson, Pierce County Public Works (Tacoma, WA) & Jim Lynch, K&L Gates (Seattle, WA)

Living Within Our Water Means: Protecting Instream Resources in Washington by Dan Von Seggern, Center for Environmental Law & Policy (Seattle, WA)

Washington’s Water Availability Train Wreck: Potential Legislative & Regulatory Solutions by Thomas Pors, Law Office of Thomas M. Pors (Seattle, WA)

Water Briefs:
Tribal Groundwater Case: Water Districts' Equitable Defenses Denied
EPA Enforcement: Seven National Enforcement Initiatives Announced for 2017-2019
Prioritizing Management and Protection of the Colorado River’s Environmental Resources - Report by Colorado River Research Group
Drinking Water Mapping Application to Protect Source Waters (DWMAPS): Mapping Tool Released by EPA
Conservation in the Mountain West Survey Announced by Colorado College: Key Public Lands Issues
An Evaluation of California’s Adjudicated Groundwater Basins - Report by UC Santa Cruz Researchers for California SWRCB
Illegal Irrigation in Washington Results in Penalty by State Agency: Excessive Watering & Numerous Warnings
Cropland Recharge in California: Groundwater Recharge for Overdraft
Sewer Overflows and Stormwater Violations in Kansas: EPA Administrative Settlement with City
Infrastructure: innovative & Multipurpose Financing Frameworks Developed by Stanford's Water in the West
Green Infrastructure Report: Tools, Strategies and Lessons Learned from EPA Green Infrastructure Technical Assistance Projects

TWR #144: February 15, 2016

In-Depth Water Articles:

Unbundling Water Rights: Pilot Program Anticipated in Nevada’s Diamond Valley / Excerpts from “Unbundling Water Rights: A Blueprint for Development of Robust Water Allocation Systems in the Western United States” by Mike Young, University of Adelaide (Australia) & the Nicholas Institute for Environmental Policy Solutions (Duke University) -- Compiled by the Editors of The Water Report

Finding “New Water” in California: Seminar Review & Commentary by Jeremy N. Jungreis and Travis Van Ligten, Rutan & Tucker, LLP (Costa Mesa, CA)

Arizona Water Supply: Closing the Water Demand-Supply Gap in Arizona by Susanna Eden, Madeline Ryder and Mary Ann Capehart, Water Resources Research Center (Tucson, AZ)

Water Briefs:
Utah Navajo Water Rights Settlement Agreement Approved by Navajo Nation Council
Improving the Federal Response to Drought: Five Areas for Reform - PPIC Water Policy Center Report Released
Clean Watersheds Needs Survey Released by EPA
Measuring & Reporting in California: Diversion Regulations Adopted
Habitat Purchase: Transfer of Land to Tulalip Tribes
“Quantified Conservation” - Measurement & Tracking of Environmental Outcomes & Impact by The Freshwater Trust
Stormwater Agreement: Clean Water Act Violations by Salt Lake County Resolved in Utah
Floating Solar Program in Japan: Benefits of Floating Plants
Klamath Dams Removal: New Agreement Announced to Move Forward With Klamath Hydroelectric Settlement Agreement
Aquifer Recovery in Idaho: Governor's Budget Provides Funding to Reverse Decline of Idaho Aquifer Levels
USFS Releases Effects of Drought on Forest and Rangelands in the United States: A Comprehensive Science Synthesis
Office of Inspector General's Report on EPA's Actions & Decision on Alaska’s Bristol Bay Watershed
Proposed Rule on Regulatory Procedures for Tribes to Obtain TAS for Impaired Water Listing & TMDL Program

TWR #143: January 15, 2016

In-Depth Water Articles:

Klamath Basin Restoration Agreement Terminates Due To Lack of Timely Authorizing Legislation - What’s What & What’s Next by Paul S. Simmons, Somach Simmons & Dunn (Sacramento, CA)

Reclaimed Water Enhanced Water Supply - Brightwater Recycled Water: New water, New Solutions for the Sammamish River by Jacque Klug, King County Wastewater Treatment Division (Seattle, WA)

Agricultural Nitrate Pollution: Clean Water Act Lawsuit Filed by Municipal Water Works Against Agricultural Drainage Districts by David Moon, Editor

Water Briefs:
Truckee River Operating Agreement Begins: Interstate Allocations
Microbeads Banned in US By Federal Legislation
Instream Flow Pilot Study in Oklahoma
EPA Enforcement and Compliance Report for 2015 Released
Nevada Drought Forum Recommendations Report Released
Proposed Reallocation of Non-Indian Agricultural Water in the Central Arizona Project: Comments Sought
Fishery Regulations in California: Information Order & Potential Fines For Noncompliance
Climate Change Report on Oregon's Willamette Valley: Reclamation Reservoirs Buffer Impacts
Reservoir Evaporation Losses in the West Studied
Groundwater Banking in California: San Joaquin Restoration Program
Reclaimed Water Risks-Benefits Analysis by National Academy of Sciences Released
Natural Resource Investment Center Established by Department of Interior
Nuclear Plant Impacts: NRC Proposed Guidance for Groundwater Protection
Santa Monica Bay: 2015 State of the Bay Report Released

TWR #142: December 15, 2015

In-Depth Water Articles:

War and Peace Over the Niobrara River by Don Blankenau, Blankenau Wilmoth Jarecke LLP, (Lincoln, NE)

Innovative Water Management: New Tools for Securing Water for People and Nature by Aaron Derwingson, Agricultural Coordinator, The Nature Conservancy, Colorado River Program

Mitigation of Injury to Water Rights: Law & Strategies in Idaho by Christopher H. Meyer, Givens Pursley LLP (Boise, ID)

Water Briefs:
Energy-Positive Water Resource Recovery Workshop Report
Water Plan Released in Colorado: Water Supply Strategies
Nutrient Recycling: EPA's Livestock Waste Competition
Recycled Snowmaking - Wastewater Treatment to Ski Area
Forest Roads: EPA Considers Stormwater Discharge Requirements
State of the Sound Report Released in Washington
Drought Proofing in Oklahoma: Water for 2060 Advisory Council
Harmful Algal Blooms: EPA Releases Strategic Plan of Drinking Water
Stormwater Lawsuit: Oakland Sues Monsanto Over PCBs
Treated Stormwater Used for Irrigation in Florida
Herbicide Disapproval: EPA Seeks Revocation of Enlist Duo
Earthquakes Plan in Oklahoma: Oil & Gas Wastewater Disposal Wells Impacts
Stormwater Policy in California: New Strategy Considered
Transboundary Cooperation in the International Columbia River Basin: A Preliminary Assessment of Existing Arrangements and Future Prospects (Report)
Infrastructure Funds: EPA Newsletter & Website

TWR #141: November 15, 2015

In-Depth Water Articles:

Deep Infiltrating Stormwater: An Evolution in Stormwater Management by Jim Mayer, Torrent Resources (Phoenix, AZ)

LA’s Stormwater Capture Plan: Excerpts from the Los Angeles Stormwater Capture Master Plan

Alaska Instream Water Applications Decision: “Public Interest” and the “Most Beneficial Use” by David Moon, Editor

Arches National Park Water Rights: Settlement of Federal Reserved Water Right Claims for Arches National Park by James Greer (Assistant Utah State Engineer for Technical Services) and Norman K. Johnson, (Division Director, Natural Resources Division, Utah Attorney General’s Office)

Instream Flows and the Public Interest: Washington State Permit with Mitigation Conditions Overturned by David Moon, Editor

Water Briefs:
Water Enforcement in California: Conservation & Regulation
“National Wetland Condition Assessment” - West Conditions Lag
Oregon Forestry Sets Riparian Buffers for Temperature Requirements
Water & Power: Reclamation Science & Technology Development Projects - Solicited & Brokered Research
EPA’s “Managing Water Quality in the Face of Uncertainty” Report & “Addressing Climate Change in the Water Sector” Website
Strategy to Optimize Resource Management of Storm Water in California
Fish Consumption Rule Drafted by Washington's Ecology Dept.: State v. Federal Clean Water Act Rules
Groundwater Adjudication: Legislative Reform Passed in California

TWR #140: October 15, 2015

In-Depth Water Articles:

Water Markets & Water Transfers in Texas by Steve Kosub, Senior Water Resources Counsel, San Antonio Water System (San Antonio, TX)

EPA & Water Sector Innovations: An Interview with Jeffrey Lape, Deputy Director of the US Environmental Protection Agency Office of Science and Technology - Conducted by Jakob Wiley (Student Intern, The Water Report)

FIRE & RAIN: Issues and Concerns Following the Incidence of Fires in the Western United States by Michael V. Harding, CPESC, Geosyntec Consultants, Inc. (San Diego, CA)

Water Briefs:
Sustainable Water Use: Historic Purchase to Preserve Basin Integrity
Phase II MS4 Revision: Settlement Requires EPA to Revise Phase II MS4 Permit & Review Forest Road Runoff Regulation
Santa Fe Basin in New Mexico: Reclamation Study Projects Water Shortfall
Tribal Hydro: Salish and Kootenai Tribes Take Over First Tribe-Owned Hydro Project
Green Infrastructure: EPA Launches New Tool - "Green Infrastructure Wizard"
Muni-to-Farm Water in California: North Valley Recycled Water Program Regional Solution
Delta Stormwater Settlement: Toxic Discharges Suit Brought Under ESA and Clean Water Act
Groundwater Declines Due to Intensive Irrigation: USGS Columbia Plateau Aquifer Study
Water Banking & Storage Agreement Between SNWA and MWD Supplements California Supplies During Drought
“Waters of the US” Clean Water Act Rule: Injunction Staying Implementation Limited to North Dakota Parties
A Shared Responsibility: Governing the Use of Water and Related Resources in the International Columbia River Basin Through the Prism of Tribes and First Nations
Plastic “Microbeads” Study Proposes Outright Ban for Wastewater Problem
Measuring What Matters: Setting Measurable Objectives to Achieve Sustainable Groundwater Management in California (2015)
Agency Enforcement - Drought Measures in California
Roundup/Glyphosate Classified "Carcinogenic" by California’s Environmental Protection Agency
Reuse & Storage Conservation Program: Oregon Soliciting Public Comments on Applications for Grant Program
The Argument for the Prior Appropriation Doctrine to Allocate Water in the Western U.S. - Family Farm Alliance Report
Water Rights Price Index 2014 Released by WestWater Research
Steam Electric Plants Toxic Pollutants Discharges: Rule Finalized by EPA

TWR #139: September 15, 2015

In-Depth Water Articles:

Flow Restoration During Severe Drought: Washington Enters Uncharted Territory by Amanda E. Cronin, Washington Water Trust (Seattle, WA)

Risk-Based UST Site Closures: Technically Sound / Good Economics for Underground Storage Tank Cleanups by Jeff Gaarder, GHD (Lynnwood, WA)

Bioretention Performance: Pacific Northwest Study Identifies Problems & Solutions by Dylan Ahearn, Curtis Hinman, and John Lenth (Herrera Environmental Consultants) & Andy Rheaume (City of Redmond, WA)

“Waters of the US” Definition: Preliminary Injunction Stops Application of New EPA/Army Corps Rule by David Moon, Editor

Water Briefs:
San Joaquin Sinking: NASA Subsidence Study
Insecticides Study: USGS on Neonicotinoids and Impacts on Bees
USGS Study: “Trends in Pesticide Concentrations and Use for Major Rivers of the United States”
Drought Resiliency - Projects Selected by Reclamation
California Water Policy Challenge by Imagine H2O - Water Innovation Contest
Fish Consumption Rate in Washington: EPA Proposes Human Health Criteria Rule
Water Released for Salmon by Reclamation - Injunction by Irrigation Districts Denied
Earthquakes Increase in Oklahoma: Oil & Gas Wastewater Injection Limited
Klamath Basin Regulation: Time Immemorial Instream Rights of Tribes Protected
Turf & Toilets Rebate Programs in California
Sediment Cleanup in Seattle: Penalties Issued for Violations of Cleanup Agreement
Treatment as a State: Tribal Water Quality Authority Proposal for Streamlining
Reservoir Release in Colorado - Lease Agreement for Instream Flow to Benefit Endangered Fish

TWR #138: August 15, 2015

In-Depth Water Articles:

Federal Water Policy & Indian Water Rights Settlements by L. Michael Bogert, Parsons Behle & Latimer (Boise, ID & Washington, DC)

Colorado Water Markets: “Alternative Transfer Mechanisms” by P. Andrew Jones, Lawrence Jones Custer Grasmick, LLP (Johnstown, CO)

Municipal Landfill Redevelopment - From Legacy Landfill to Watershed-Protective Sports Stadium in Astoria, Oregon by Stacy J. Frost, PE and Neil R. Alongi, PE (Maul Foster & Alongi, Inc. — Portland, OR & Vancouver, WA)

Water Briefs:
Curtailment Support in California - Court Ruling in State’s Favor on Enforcement
Agricultural Conservation: USDA Program Incentives & CRP-Grasslands Initiative
Civil Penalty for Unauthorized Diversion/Use in California: $1.5 million Fine Issued for Water District
Tribal Wastewater - Water Pollution Facility & Settlement Over CWA Violations by Tribal Utility
Drought Compliance in California: Urban Use Reduced By 27%
New Groundwater Guidance: “Focus on New Groundwater Uses: The Groundwater Permit Exemption”
Tribal CWA Authorization for Pueblo of Santa Ana in New Mexico
Desalination and Water Purification Research Program - Funding from Reclamation Announced
Rate Case Award for Illegal Water Rates: $188 Million in Damages
Cooling Water Intake Website Redesigned by EPA
The Wyoming Water and Climate Web Atlas Released
Oil Spill Settlement to Resolve CWA Violations Announced in Wyoming

TWR #137: July 15, 2015

In-Depth Water Articles:

Beneficial Use & Anti-Speculation: Can These Water Law Principles Meet the Challenges of Climate Change? by Gregory J. Hobbs, Jr., Justice, Colorado Supreme Court

Groundwater Issues: Interview with Dr. Todd Jarvis, Interim Director - Institute for Water & Watersheds at OSU (Interview by Jakob Wiley, Student Intern at The Water Report)

Regulating Seawater Desalination in California by J. Tom Boer & Kathryn Oehlschlager, Barg Coffin Lewis & Trapp (San Francisco, CA)

Water Briefs:
Texas Takings Case: Procedural Rulings - Claims Dismissed
The Pope Talks On Water: Pope Francis’ Encyclical on “The Issue of Water”
Mining Violations & Clean Water Act Settlement in Idaho
EPA Fracking Study "Draft Assessment" Released: Water Resource Impacts
Fracking Meetings Announced for September & October
Whooping Cranes ESA Case: US Supreme Court Declines Review - TCEQ Issuance of Water Permits Stands
BLM Fracking Rules Stayed: Four States Fighting Rules for Public Lands
“Climate Change in the United States: Benefits of Global Action” Released by EPA
In-Conduit Hydropower Projects in California and Oregon
“California Climate and Science Data for Water Resources Management” Released by CDWR: Indicators, Implications & Strategies
Oil Spill Fine in Montana: ExxonMobil Petition for Reconsideration Rejected in 2011 Yellowstone River Spill
Wastewater Discharge Fine in New Mexico: Proposed Penalties for Clean Water Act Violations
Underground Storage Tank Requirements Strengthened by EPA to Prevent Groundwater Contamination
River Basin Studies Announced by Reclamation: Imbalance of Supply, Needs & Demands
“Hydraulic Fracturing Water Use Variability in the United States and Potential Environmental Implications” - USGS Study

TWR #136: June 15, 2015

In-Depth Water Articles:

Drought-Proofing Oklahoma by J.D. Strong, Executive Director, Oklahoma Water Resources Board (Oklahoma City, OK)

Crude Oil-By-Rail & the Endangered Species Act: Coming Soon to Train Tracks Near You? by Kristen L. Boyles, Staff Attorney, Earthjustice (Seattle, WA)

Urban Water Conservation in Southern California: Encouraging Conservation Through Tradeable Allocations & Market Mechanisms by Jim Bond, Mary-Sophia Motlow, Lauren Steely, Dean Wang & Dr. Gary D. Libecap, Professor, Bren School of Environmental Science and Management, UC Santa Barbara

Small Scale Hydropower & DItch Easements: Colorado Decision Applies “No Injury Rule” and Maximum Use by David Moon, Editor

Water Briefs:
Groundwater Orders in Nevada: Las Vegas Groundwater Applications Back to State Engineer for Decision
Clean Water Act Rule Finalized: CWA Jurisdiction
Aquifer Recharge & Flood Mitigation Collaboration in Nebraska
Colorado River Moving Forward Phase 1 Report Released by Reclamation & Stakeholders
Fish Passage Award for Innovation Received by Tacoma Power
Dam Removal Study: Science Announces "1000 Dams Down and Counting" by USGS Authors
Conservation Program Expanded: MWD of Southern California Adopts in Face of Drought
Algal Toxins: EPA Issues Health Advisory Values

TWR #135: May 15, 2015

In-Depth Water Articles:

Yakima River Basin Integrated Plan: Implementing Basin-Scale Water Management & Climate Adaptation by Steve Malloch, Western Water Futures, LLC and Michael Garrity, American Rivers

Yakima Basin Integrated Plan Benefit-Cost Analysis: An Appeal for Evidence-Based Discourse About the State of Washington Water Research Center Study of the Yakima Basin Integrated Plan by Jonathan Yoder, Professor, School of Economic Sciences, Washington State University and Director, State of Washington Water Research Center (Pullman, Washington)

Authors' Responses: Yakima River Basin Integrated Plan

California Groundwater Regulation - Into the Trenches: An Early Assessment of California’s New Groundwater Legislation by David Aladjem, Downey Brand LLP (Sacramento, California)

Water Briefs:
Preferences During Shortage Rejected in Texas - "Senior" Water Rights Protected
Instream Flow Rights Decision in Colorado: State Agency Authority Upheld - Policy of Preserving Natural Environment
Water Transfers Program by Reclamation Proposed for Voluntary Water Transfers in California
Tribal Compact Signed for Confederated Salish and Kootenai Tribes in Montana
"Takings" Case Upheld for Groundwater Protection from Regulation in Texas
Groundwater Management Program Website Announced in California
Reverse Auction for Leasing Instream Flow in Washington
USGS Releases "Estimated Freshwater Withdrawals in Washington, 2010 Report"
Swinomish Indian Tribal Community Files Lawsuit Against BNSF Railway Regarding Oil Trains & Easement Agreement
“Green Infrastructure and the Sustainable Communities Initiative” Published by HUD’s Office of Economic Resilience
Agriculture Conservation: USDA Regional Conservation Partnership Announced
“Affordability of National Flood Insurance Program Premiums," Report 1 Released by National Research Council
Habitat Conservation Plan (HCP) for Edwards Aquifer in Texas - Review Released
Safe Drinking Water Act Dashboard - Website Compliance Tracking System Announced by EPA

TWR #134: April 15, 2015

In-Depth Water Articles:

The Making of California’s Water Bond by Assemblymember Anthony Rendon and Alf W. Brandt (Sacramento, CA)

Stormwater Management Innovations: Washington Port Facilities Creatively Respond to Stringent Stormwater Regulations by Deonne Knill, Project Manager, Kennedy Jenks Consultants (Portland, Oregon)

Montana Water Rights Adjudication: Notable Decisions & Challenges by Chief Water Judge Russ McElyea and Water Master Madeleine Weisz (Bozeman, MT)

The Winters Doctrine & Tribal Groundwater: Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District et al. by David Moon, Editor

Water Briefs:
Hydraulic Fracturing: Interior's Rule Released for Public & American Indian Lands
New Report: "The Analysis of Hydraulic Fracturing Fluid Data from the FracFocus Chemical Registry 1.0"
Mandatory Water Use Restrictions in California: Governor's Executive Order a First
Water Conservation in California: State Water Board Issues Expanded Emergency Regulation
Water Purchases: Metropolitan Water District’s Board Authorizes $71 Million for Ag Water Transfers & Promotes Conservation
Phosphorus Removal: EPA Case Study of Watershed Approach by Municipalities
State of Salmon in Watersheds Report & Interactive Website in Washington State
Recycled Water Rules in New Mexico: "Produced Water" Reuse Allowed
Tribal Water Agreements Highlighted: Shoshone-Paiute Settlement Signed

TWR #133: March 15, 2015

In-Depth Water Articles:

West Coast ESA Challenges: The View from NOAA Fisheries (Regional Administrator William Steele's Presentation) by David Light, Editor

Municipal Water Rights: Recent Rulings in Washington & Oregon by Richard M. Glick and Michelle Smith, Davis Wright Tremaine LLP (Portland, OR)

Republican River Compact Decision - Kansas v . Nebraska: The Supreme Court’s Equitable Powers by David Moon, Editor

Fish & Wildlife Agency Action: “Underground Regulation” — Agency Rulemaking & the California Administrative Procedures Act (California Association for Recreational Fishing v. Department of Fish & Wildlife) by Damien Schiff, Alston & Bird LLP (Sacramento, CA)

Water Briefs:
Water Right Nonuse Decision: Historical Beneficial Consumptive Use in Change Proceedings in Colorado
Floodplain Projects: Federal Flood Risk Management Standard
Green Infrastructure: New EPA Presentation & UC Berkeley Report
Wyoming’s Water Strategy: State Water Planning
Water Conservation in Drought: Steep Decline in Conservation in California
Ongoing Drought in the Southwest and Central Plains: Climate Change Megadrought Predicted
Incident Action Checklists: Emergency Checklists for Utilities Prepared by EPA
Watershed Planning Implementation and Flow Achievement: Washington Grant Cycle
Nutrient Reduction Strategies Devised by Hypoxia Task Force - Gulf States
Water Resource Issues in the 114th Congress - Congressional Research Service Report
EPA Enforcement & Compliance Report for 2014
Fracking Ban in California?: Wastewater Injections Disclosed & Governor Petitioned

TWR #132: February 15, 2015

In-Depth Water Articles:

Water Sector Innovations / Rising Tide: Enabling Innovative Water Technologies by Grace Richardson, Oak Ridge Institute for Science and Education Research Fellow

Measuring Water Resource Resilience by J. Scott Thomas, Stetson Engineers, Inc. & David A. Kerner, The Tauri Group, LLC

In-Pipe Hydropower: Portland’s In-Pipe Hydropower System Secures 20-Year Power Purchase Agreement by Jennifer Allen Newton, Bluehouse Consulting Group

Yellowstone River Compact Decision: Special Master Ruling in Montana v. Wyoming by David Moon, Editor

Water Briefs:
Recycled Water: Beer Brewing Proposal in Oregon
Tribal Compact: Attorney General's Memorandum to Montana's Governor
Huge Instream Donation: Water Supply/Trust Program in Washington
Colorado Water Plan Draft Released
EPA Settlement Regarding Uranium Contamination Finalized: $5.15 Billion From Handiwork and Kerr-McGee
Instream Rules in Washington: Repeal Denied for Skagit River & New Rule for Spokane River
Recreational Criteria for Water Quality Standards: Overview & Technical Support Documents Published by EPA
Fracturing Data & Trends Released by USGS for 1947-2010
Fish Consumption Rule & Toxics Standards Proposal for Washington State Announced
Dry Year Program Report & Recommendations for California’S. Water Rights Priority System
Water Financing: New EPA Build America Investment Initiative
Green Infrastructure: EPA Financing & Planning Guidance Program - Incorporating Stormwater Management Plans

TWR #131: January 15, 2015

In-Depth Water Articles:

Flood insurance Program: The Changing Landscape of Floodplain Insurance & Regulation by Molly Lawrence, Van Ness Feldman (Seattle,WA)

Water Management Innovation in San Francisco: Building the Infrastructure of the Future - Senate Testimony of Harlan Kelly, General Manager of the San Francisco Public Utilities Commission (CA)

Whooping Crane ESA Case: Fifth Circuit Refuses to Reconsider ESA “Take” Challenge by David Moon, Editor

Water Briefs:
Fracking Settlement - Fill Material Discharges: Civil Penalty and Restoration in Clean Water Act Case
Integrating Storage in California's Changing Water System: Storage and Water Management Report
Speculation & Fracking: Transfer/Change Request Opposed in New Mexico
Water/Energy Nexus Report: The Impacts of EPA’s Clean Power Plan on Electricity Generation and Water Use in Texas
Water Investments: Principles, Requirements and Guidelines for Federal investments Released
YakIma Basin Plan - Benefit-Cost Analysis of the Yakima Basin Integrated Plan Projects (Study Released)

TWR #130: December 15, 2014

In-Depth Water Articles:

Managed Aquifer Recharge - Benefits of Public-Private Partnership by David R. Tuthill, Jr., Hal N. Anderson, Idaho Water Engineering (Boise, ID) and Michael Comeskey (Boise, ID)

Texas v. New Mexico and Colorado, No. 141 Original: Update and Summary by Sarah A. Bond, New Mexico Assistant Attorney General (Santa Fe, NM)

Gila Water Storage: Innovative Banking Creates “Long-Term Storage Credits” - Edited/condensed from Gila River Water Storage LLC and information provided by Christa McJunkin, Principal Water Resource Analyst, Salt River Project

Water Briefs:
Basin Perspective: Colorado River Research Group Forms and Releases Summary Report
Water in the West Course: Colorado River Case Study
Duwamish Cleanup: Superfund Final Plan in Seattle Waterway
Lessons Learned from Aquifer Storage and Recovery (ASR) Systems in the United States (Paper)
Restoration Funding: 2015 Five Star/Urban Waters Restoration Program
USGS Water Use Report Released: Withdrawals Dropping
Columbia River Basin Water Supply Inventory Report 2014 Released
Interstate Water Dispute: Florida v. Georgia in the Supreme Court
Intergovernmental Panel on Climate Change (IPCC) 5th Synthesis Report
Water Utilities Training & Technical Assistance From EPA for Climate Change Resilience & Readiness
Reclamation Contracts Challenge & the ESA: Supreme Court Denies Petition by Irrigation Districts
Drinking Water & Watershed Goals: CWA Toolkit for Water Managers Available
Stormwater Permit: Industrial Permit Updated in Washington State

TWR #129: November 15, 2014

In-Depth Water Articles:

Dixie Drain Phosphorus Removal: City of Boise Project by Erika Malmen, Perkins Coie LLP (Boise, ID)

Managed Aquifer Recharge - Part II: Legal Issues in the Western United States by Evan Mortimer, University of Idaho College of Law (Moscow, ID) & David R. Tuthill, Jr., Idaho Water Engineering (Boise, ID)

Columbia River Treaty Options: Protocols for Transboundary Adaptive Management Examined - Edited/Condensed from Monk School of Global Affairs Program on Water Issues (University of Toronto); Treatise by by Nigel Bankes (University of Calgary) and Barbara Cosens (University of Idaho)

Water Briefs:
2015 Five Star/Urban Waters Restoration Program: EPA Grant Program RFP
Oral Arguments in Kansas v. Nebraska and Colorado: Interstate Compact, Damages & Imported Water
California Drought: Use/Conservation Figures Released by State Water Resources Control Board
Shopping for Water: How the Market Can Mitigate Water Shortages in the American West -The Hamilton Project Paper
Texas v. New Mexico and Colorado: Special Master Appointed for Interstate Compact Case
Water Consciousness Challenge: The New Arizona Prize to be Awarded
Curtailments Lawsuit: Drought Emergency Decisions Contested in California by Water Users
USFS Groundwater Directive: Western Governors' Ass'n Submits Commits Regarding Implications
Strontium Regulation: EPA Preliminary Determination
Green Infrastructure: National "Collaborative" - EPA & White House Council on Environmental Quality
High Flow Release: Glen Canyon Dam Innovative Protocol to Mimic Flood Conditions
Aqueduct Transfer from Reclamation: Provo River Aqueduct to Provo River Water Users Ass'n

TWR #128: October 15, 2014

In-Depth Water Articles:

Western Water Transfers & the Clean Water Act: Litigation Overview and the Arguments Against Requiring NPDES Permits by Peter Nichols, Berg Hill Greenleaf Ruscitti LLP (Denver, CO)

Pesticide Use and Water Quality: Implementing Concurrent CWA & FIFRA Regulations (Edited/condensed from Congressional Research Service Publication RL32884), Claudia Copeland author

Pesticides in US Streams & Rivers: USGS Report Compares Data from 1992–2001 & 2002–2011 (Edited/condensed from US Geological Survey documents)

California Groundwater Management Reform: Sustainable Groundwater Management Act Signed by David Moon, Editor

Water Briefs:
Fish Consumption Rate: Water Quality Standards Proposed in Washington State
Drought Curtailments in California: Temporary Curtailment Liftings Possible
Water Conservation in California: Urban Water Use During Drought
Rainwater Harvest in Texas: How-To Video & Manual Available
“Western State Water Program Capabilities Assessment Survey Report” Released by Western States Water Council
Flow Augmentation Releases (Trinity Reservoir): Reclamation Releases for Salmon Protection Lower Klamath River
Reclamation Authority Upheld by Federal Court for Flow Augmentation Releases
Stormwater Penalty: Hawaii Department of Transportation Agrees to Settlement for Violations
Tribal Settlement Concerning Drinking & Wastewater Systems Entered by The Omaha Tribe of Nebraska
Marijuana & Water Use: Illegal Farms Impact Coho Salmon in Northern California & Southern Oregon
Groups Appeal Water Rights Decision for Nuclear Reactor Project (Speculation, Availability & Stream Environment)

TWR #127: September 15, 2014

In-Depth Water Articles:

Water Resource Infrastructure: History, Present Issues, and Future Needs by Eric Buer, Ridolfi, Inc. (Seattle, WA)

Managed Aquifer Recharge: An Overview of Laws Affecting Aquifer Recharge in Several Western States by Evan Mortimer, University of Idaho College of Law (Moscow, ID)

Federal Breach of Contract: Reclamation Loses Appeal on Breach of Contract Claim by David Moon, Editor

Water Briefs:
Reclamation Increases Flow Releases - Lower Klamath River Supplement from Trinity Reservoir
Drinking Water: EPA Funds Two Innovation Centers
Lake Powell Releases: Water to Lake Mead Increased for Water Year 2015
Pesticide Stream Buffers Finalized: Settlement Agreement with EPA
Water Quality Trading: States' Pilot Projects and Recommendations
Wetlands Settlement in California: CWA Violations/Penalties
Water Rights Study in California: State Over Allocation - Overhaul Proposed
ESA Listing Decision in Montana: Arctic Grayling Not Listed Due to Successful Collaboration

TWR #126: August 15, 2014

In-Depth Water Articles:

Water Quality Standards & Fish Consumption: Efforts in the Pacific Northwest by Michael Campbell, Stoel Rives LLP (Portland, OR)

Federal Endangered Species Act Decisions: The Return of Sweet Home in Texas Whooping Crane Case by Steven Richardson, David Weinberg, Andy Wang, and Craig Fansler, Wiley Rein LLP (Washington, DC)

New Zealand Mudsnail Infestations: Public Policy Implications by Paul Bucich, PE, Assistant Director of Engineering, Bellevue Utilities & Kit Paulsen, Watershed Planning Supervisor, City of Bellevue, Washington

Water Briefs:
Mining & Fisheries: EPA Proposal for Bristol Bay, Alaska
Groundwater Threat: Colorado River Basin Groundwater Use Report by NASA and UC Irvine
Conservation Plan: Colorado River System Conservation Program Agreement (Reclamation & Municipal Water Providers)
Dam Pollution Settlement: Oil Leakage at Columbia & Snake River Dams and the Clean Water Act
ESA “Range” of Species Final Policy Announced (“Significant Portion of its Range”)
Public Trust Doctrine Decision in California: Groundwater Regulation to Protect Rivers
Aboriginal Title Decision in Canada: implementation of Natural Resource and Energy Policy
Reclaimed Wastewater Guidance in Washington for Local Governments
Sewage Discharges: CWA Settlement for East Bay Communities in California
GAO Oil & Gas Report: Underground Injection Control Recommendations for EPA's Oversight
USFS Direction for Groundwater Resources in Forests & Grasslands & Governors' Concerns
“Water/Wastewater Utilities and Extreme Climate and Weather Events" - Report Released

TWR #125: July 15, 2014

In-Depth Water Articles:

The Columbia River Treaty: September 16 Pivot Point for the Future of the Columbia River Basin by Eric Christensen, Gordon Thomas Honeywell (Seattle, WA)

Northwest Water Quality Trading: Joint Recommendations for Water Quality Trading in the Pacific Northwest by Carrie Sanneman, Bobby Cochran, Susan Culliney (The Willamette Partnership) & Joe Furia, Karin Power & Tim Wigington (The Freshwater Trust)

Tribal Water Leasing: Federal Tribal Land Leasing Laws Should Be Extended to Tribal Water Leases by Ryan A. Smith, Brownstein Hyatt Farber Schreck (Washington, D.C.)

Arizona Groundwater Use Decision: Groundwater Plan for Development Project Rejected by David Moon, Editor

Water Briefs:
Waters of the U.S. Rule: EPA Clarification, Webinar & Extended Comment Period
Texas Permitting Rules Upheld: Whooping Cranes Lawsuit Reversed
Las Vegas Water Rights Offer
Aquifer Recharge - Water Banking Paper by Arizona WRRC
Colorado River Basin Studies Released: Tribal Non-Consumptive Water Uses and Research Needs in the Basin
Pesticides & Salmon: Buffer Zones Agreement Reached with EPA
Stormwater Fine in Oregon: Economic Benefit Penalty
Clean Water Act Citizen Suit in Colorado - South Platte Pollution
Dead Zones in Gulf of Mexico and Chesapeake Bay: NOAA Predictions for 2014
Brownfields Funding: Austin Receives EPA Grants
Land Subsidence and Groundwater Replenishment in California
Dam Fish Passage in Washington: New Passage Design a Success
WaterSense 2013 Report Released
The Water-Energy Nexus: Challenge and Opportunities Released by DOE
Wyoming Water Plan - Comment Period
Rivers and Carbon - USGS Study
Fish Consumption: FDA & EPA Issue Updated Draft Advice
Salt Content in Streams - USGS Study

TWR #124: June 15, 2014

In-Depth Water Articles:

Edwards Aquifer Habitat Conservation Plan: Resolution to Over 50 years of Water Dispute by Todd H. Votteler, Ph.D. and Robert L. Gulley, Ph.D., Water Dispute Resolution, LLC (Texas)

California's New Industrial Storm Water Permit by Wendy L. Manley, Wendel Rosen Black & Dean, LLP (Oakland, CA)

Water Allocation in Washington State: Instream Flows Versus Maximum Net Benefits by Thomas M. Pors, Law Office of Thomas M. Pors (Seattle, WA)

Water Briefs:
Instream Flow: Irrigators’ and Water Trust's Augmentation Agreement in California
Cooling Water Intakes: EPA Standards Finalized
Illegal Sewage Dump Results in Prison Time and Fine in Washington (TWR #124, Water Briefs: June 15, 2014)
Human Health Water Quality Criteria Updated by EPA (TWR #124, Water Briefs: June 15, 2014)
National Climate Assessment Released
New Groundwater Use: Kittitas County Settlement Agreement Signed by Ecology
Critical Habitat Rules: Proposed Rules & Policy by NMFS & USFWS
WaterSMART Funding by Reclamation for Reclaim & Reuse Projects in California
USGS Unveils National Climate Change Viewer
Fracking Disclosure: EPA's Advanced Notice of Proposed Rulemaking
Supreme Court Declines to Review Los Angeles Rivers Stormwater Runoff Case
Los Angeles River Ecosystem Restoration Study
Sustainable Groundwater Management Report Released by California Water Foundation
Pesticide Use in U.S. Agriculture: 21 Selected Crops, 1960- 2008 - USDA Report
Water Harvesting Assessment
Toolbox Released by Water Resources Research Center in Arizona
Freshwater Supply Report Released by GAO
PCB Contamination: Record Civil Penalty Announced by EPA in Nevada
Forestry Groundwater Chapter Added to USFS Water Resources Management Manual

TWR #123: May 15, 2014

In-Depth Water Articles:

Colorado’s Water Plan by Jayla Ryan Poppleton, Under the Direction of the Colorado Water Conservation Board (Denver, CO)

Water Quality & Temperature Trading in the Tualatin Basin: Ten Years of Community-Driven Watershed Health Efforts by Laura Porter, Bruce Roll, Raj Kapur, and Anil Devnani, Clean Water Services (Hillsboro, OR)

Texas Water Law: Litigation & Legislative Update by Shauna Fitzsimmons and Brian Sledge, Sledge Fancher, PLLC (Austin, TX)

Water Briefs:
Stream Access in New Mexico: Attorney General's Opinion
City Instream Flow: Non-Diversion Agreement in Colorado
"Waters of the US" Definition: Comment Period Open
Hatchery v. Wild Fish Dispute: Settlement Severely Limits Releases (ESA Evaluation Needed)
Fish Consumption Rates: Idaho DEQ Implementing Statewide Survey for Water Quality Criteria
Enforcement Report of 2013 Actions Released by California State Water Resources Control Board
Fracking Verdict in Texas: Jury Awards $3 Million Damages to Family for Exposure
EPA Released Enhanced Version of “How’s My Waterway” App & Website
Superfund Cleanup in Humboldt Bay Pulp Mill Site in California
9th Circuit: Reclamation Renewal of Water Supply Contracts from Bay-Delta Ecosystem Violated ESA
EPA Strategic Plan for 2014-2018 Issued: Climate Change Emphasis

TWR #122: April 15, 2014

In-Depth Water Articles:

South Platte Basin Well Management: Colorado Options Analysis by Reagan M. Waskom, Colorado Water Institute, Colorado State University

Stormwater Low Impact Development: An Update on LID Regulations and Practices by Neil Alongi, Ada Banasik, and Jacqueline Gruber, Maul Foster & Alongi, Inc. (Seattle and Vancouver, Washington; Portland, Oregon)

Water Briefs:
Clean Water Act Jurisdiction — Proposed Rule Released
Tribal Water Lawsuit: Ownership of Water Rights in Montana — State v. Federal Jurisdiction
Speculation in Water: Application Rejected in Oregon by Water Resources Department
Instream Use Change: irrigation to instream Transfer in Nevada Approved by State Engineer
New Mexico Response Filed to U.S. Motion to Intervene: Texas v. New Mexico
Stormwater Final Rule Published by EPA: Construction & Development
Wastewater Injection & Earthquakes: USGS Study
Bay Delta Decision: Ninth Circuit Upholds Federal Plan of Protection for Delta Smelt
"Assessment of Groundwater Level Trends across the United States” Published by Columbia Water Center

TWR #121: March 15, 2014

In-Depth Water Articles:

Albuquerque’s Water Resources Management: integrated Strategy Meets Area Challenges by John M. Stomp III, P.E., Chief Operating Officer (Albuquerque Bernalillo County Water Utility Authority)

Instream Flow Leasing in Colorado by Zach Smith and Edalin Koziol, Colorado Water Trust (Denver, CO)

Regional Water Management Cooperation: Study Compares Four Cases in the West by Nathaniel Delano and Sharon B. Megdal (The University of Arizona)

Water Briefs:
Klamath Agreement - Upper Klamath Basin Comprehensive Agreement Reached
Riparian Restoration in Wyoming: Coordinated Resource Management - Livestock Grazing Practices
Bay-Delta EIR/EIS Comment Period Extended
Fracking Guidance Released by EPA: Underground Injection Control & Diesel Fuels
Arizona's "Strategic Vision for Water Supply Sustainability”
2013 Report to the Legislature: Statewide Progress on Setting Instream Flows - Washington Report Released
Nutrient Pollution - EPA Research Grants
Groundwater Permits Legislation in South Dakota - Fully Appropriated Aquifers/Random Selection Process
Water Rates Ruling in California: Colorado River Aqueduct Overcharges

TWR #120: February 15, 2014

In-Depth Water Articles:

Fish Passage & Treaty Obligations: Washington State "Culvert Case" Before the Ninth Circuit by David Moon, Editor

Supreme Court Stormwater Ruling: Los Angeles Flood Control District v. NRDC - A Strange and Meandering Case by Christopher Rich, Perkins Coie LLP (Portland)

Climate Change & Public Trust Doctrine - Climate Change, Public Trust Doctrines & PPL Montana by Robin Kundis Craig, Professor of Law at the University of Utah (Salt Lake City)

Water Briefs:
Rio Grande Water: Upper & Lower Basin Studies Released by Reclamation
Texas v. New Mexico: Supreme Court Grants Texas the Right to Proceed
Stream Flow Enhancement/Groundwater Mitigation Program in Washington - Stormwater Capture & Groundwater Recharge
An Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska: EPA Report
Instream Transfers in California: Leasing Water to Enhance Environmental Flows
Clean Water Act Enforcement: Oil Spill Fines & Restitution in Wyoming - Criminal Charges Pending
Hatchery v. Wild Fish: ESA/NEPA Decision in Oregon Federal District Court
Fracking Resolution Passes in San Francisco Urging Halt Due to Threats
EPA Enforcement & Compliance Report Issued for 2013
Case Studies of Water Quality Trading (WQT) Being Used for Compliance with Nutrient NPDES Permit Limits
National Stormwater Calculator and Climate Assessment Tool - Phase II Released by EPA
TMDL Report - GAO Recommends Changes: Nonpoint Source Regulation Included
California Water Action Plan Released

TWR #119: January 15, 2014

In-Depth Water Articles:

Water & Land Use Assessment Tool: California Produces New Locally Adaptable Tool - Case Studies Track Impacts of Various Land Uses on Water & Stormwater by Elizabeth Patterson, (AICP, California Department of Water Resources), Alex Hinds, (AICP, Sonoma State University) and Allison Lassiter (University of California Berkeley, PhD candidate)

Groundwater Regulation & "Takings" in Texas by Deborah C. Trejo, Kemp Smith LLP (Austin, TX)

Las Vegas Water Rights Decision - Judge Overturns State Engineer Approvals by David Moon, Editor

Water Briefs:
Rio Grande Compact - Lawsuit Between Texas & New Mexico: U.S. Solicitor General's Brief Filed
Indian Water Claims - Settlement of Reserved Rights Symposium
Montana Reserved Water Rights Compact Commission's Report on CSKT Proposed Water Rights Compact Released
Drought Management in California - Emphasis on Water Transfers
Bay Delta Conservation Plan Released for Public Review (California & Federal Partners)
Oil & Gas Searchable Database of State Law: Created by Getches-Wilkinson Center & Temple University
ESA Settlement by Karuk Tribe & Irrigation District: Dams & Diversions on Shasta River
Temporary Flooding Found to Support "Takings" Award by Federal Circuit - Army Corps Project
GAO Report on Fed Agency Actions: Climate Change on Water Infrastructure
TMDLs: Long-Term Vision for Assessment, Restoration, and Protection Under CWA Section 303(d)
Mercury Fish Consumption Report by EPA: Women's Blood-Levels Decline
Wetlands Restoration: New Re-Excavation Method Successful According to Texas A&M AgriLife Extension Service
Oregon’s Coastal Nonpoint Pollution Control Program - EPA & NOAA Disapproval Process Begins

TWR #118: December 15, 2013

In-Depth Water Articles:

Water Exchange & Mitigation: Water Rights Purchases Hydrate Water Bank & Recharge Aquifer - Program in Washington State Mitigates for New Water Uses in Closed Basin by David Moon, Editor

United States & Mexico Water Sharing: Background and Recent Developments - Edited/condensed from Congressional Research Service (CRS) Document R43312 (November 19, 2013); Original Authored by Nicole T. Carter, Specialist in Natural Resources Policy; Clare Ribando Seelke, Specialist in Latin American Affairs; and Daniel T. Shedd, Legislative Attorney

Endangered Species Act Litigation: Critical Habitat Expansion for Santa Ana Sucker Appealed & Other ESA Litigation by Kira Johnson, Best Best & Krieger (Los Angeles)

Water Briefs:
Republican River Special Master's Report Issued: Kansas v. Nebraska and Colorado
Utah Nuclear Plant Water Right Transfers Upheld by Court
UIC Violations in Utah: Safe Drinking Water Penalty of $600,000
Fracking Regulations Rulemaking Proposed in California
Water Quality Trading: USDA - EPA Partnership Expanded
Klamath Settlement "Agreement in Principle" Reached Between Klamath Tribes and “Off-Project” Irrigators
Land Subsidence From Groundwater Pumping: San Joaquin Valley USGS Report Released
Water Rights Manual for Mutual Domestic Water Consumers Associations Announced in New Mexico
Northwest Climate Assessment Report Released by Oregon Climate Change Research Institute
"Importance of Water" Report Released by EPA

TWR #117: November 15, 2013

In-Depth Water Articles:

Water Law Adaptability: Increasing Water Use Efficiency - Meeting the Needs of Growing Population & Sustainable Agriculture by Steven E. Clyde, Clyde, Snow and Sessions (Salt Lake City, UT)

Indian Country Water Rights: Permit-Exempt Uses Impacting Protected Instream Flow - Chamokane Basin Water Administrative & U.S. v. Anderson by Robin G. McPherson, Assistant Washington State Attorney General (Seattle, WA)

Columbia River Treaty Review: Update & Next Steps (From the US Entity) — Special to The Water Report

Water Briefs:
Instream Rights Enforcement Discretion Agreement - Swinomish v. Ecology
Natural Infrastructure: Investing in Forested Landscapes for Source Water Protection in the United States Guidance
Arizona v. California Digital Collection Debuted at William A. Wise Law Library (CU)
Cumulative Watershed Impacts of Small-Scale Hydroelectric Projects in Irrigation Delivery Systems: A Case Study
Groundwater Workplan Concept Paper Discussion Draft Released by State Water Resources Control Board
Reclamation Developing Directive & Standard for Non-Agricultural Discharges Into Facilities
Community Forest: Yakima Basin Land Purchase Key Step in Yakima Basin Integrated Plan
Aquifer Storage & Recovery for Groundwater Supply - Award Announced for City of Phoenix Project
Klamath Basin Coordinating Council Releases Third Annual Report
Watershed Modeling - Climate Change & Urban Development Study Released by EPA
Federal Power Act Preempts Damage Claims Under State Tort Law - Fifth Circuit Ruling
Draft Climate Change Adaptation Implementation Plans Released by EPA for Comment
Beyond the Fracking Wars: A Guide for Lawyers, Public Officials, Planners and Citizens - ABA Book
NOAA Awards Funding for Coastal Habitat Restoration Projects

TWR #116: October 15, 2013

In-Depth Water Articles:

Interstate Water Compacts: The US Supreme Court's Tarrant Decision and the Risk of Silence by Steven Richardson, Wiley Rein LLP (Washington, DC)

Instream Flows Decision in Washington: Protection from Impairment — Reserved Use Rule (Reservation) Invalid by David Moon, Editor

Economic Benefits of Nutrient Reductions: An Analysis of Benefits to Utah Waters — Edited/Condensed from Utah Division of Water Quality documents

Columbia River Treaty Update: Draft Regional Recommendation Released — Adapted from Columbia River Treaty 2014/2024 Review documents

Water Briefs:
Energy-Water Nexus: The Water Sector's Energy Use & the Energy Sector's Water Use
Water Rights Determination: Agency Authority in Enforcement Actions in California
“Waters of the US" - Clean Water Act Jurisdiction Rule: Connectivity of Streams & Wetlands Report Released
Small Dam Removal in Idaho: Programmatic Consultation Review by NOAA Fisheries
Drinking Water Supply in Arizona: BIA Violations & Settlement with EPA
California Water Plan Update 2013 Draft Volume Released: The Strategic Plan (Volume 1)
Tribal Water Study: Reclamation & the Colorado River Basin Tribes Partnership (Ten Tribes Partnership)
Groundwater/Surface Water Exchange Agreement Signed: Reclamation & Irrigation District
Numeric Nutrients: EPA Toolkit for Criteria Released
“The Economic Impacts of Western Irrigated Agriculture” White Paper Released
“Conserved Water” Statute in Oregon: Change in Use from Irrigation to Instream Flow Approved (Canal Lining)
Proposed Reissuance of NPDES General Permit for Stormwater Discharges From Industrial Activities
National Water Census: USGS & Stakeholders Give Congressional Briefing

TWR #115: September 15, 2013

In-Depth Water Articles:

Nutrient Numeric Endpoints - California's Freshwater Nutrient Numeric Endpoint (NNE) Approach: Re-evaluating the Santa Margarita River Case Study by J. Scott Thomas, PhD, Stephanie Gindlesperger, PE, and Joel Barnard (Stetson Engineers Inc.)

Acquavella Update: Washington's 36-Year Old Water Rights Adjudication Nears An End by Jeff Kray, Marten Law Group (Seattle, WA)

Colorado River Management & Drought: Lake Powell Releases to be Lowered Significantly by David Moon, Editor

Arkansas Valley Conduit in Colorado: Regional Water Pipeline Project - Condensed/Edited from US Bureau of Reclamation Documents

Water Briefs:
Mono Lake Settlement in California Addresses Tributary Streamflows & Other Actions
Hydropower Rights Battle in Nebraska: Forfeiture and Abandonment Asserted by Groundwater Irrigators
High Plains Aquifer (Ogallala) Depletion Detailed - Unsustainable Agriculture Use of Groundwater
Transbasin Water Exchanges in Colorado: "Lawn Irrigation Return Flows" (LIRFs)
Mine Permit Appealed From ADEQ Decision: Aquifer Protection Permit in Arizona
Stormwater Cleanup: Proof for Liability in Clean Water Act Suit - Representative Locations in Pollution Monitoring
Public Supply Wells: Factors that Affect Vulnerability to Contamination - USGS Circular
Safe Drinking Water Enforcement by EPA on Southern Ute Reservation in Colorado: Underground Injection Control

TWR #114: August 15, 2013

In-Depth Water Articles:

Interview of Maia Bellon, Director of the Washington State Depart. of Ecology by Chris Pitre, Golder Associates (Seattle, WA)

CSKT Water Rights Compact Unratified: Montana Legislature Refuses to Ratify Confederated Salish and Kootenai Tribes Compact by Jay Weiner, Montana Assistant Attorney General & Mark Stermitz, Partner, Crowley Fleck PLLP (Missoula, MT)

New Mexico's Exempt Wells Decision & Protection for Senior Water Users by David Moon, Editor

Water Pricing: Water Rates & the "New Normal" by Kristina Donnelly and Juliet Christian-Smith, Pacific Institute (Oakland, CA)

Water Briefs:
Draft Economic Report on the Bay Delta Conservation Plan Released
Ecological Health in the Nation’s Streams, 1993-2005 Released by USGS
Fracking Studies Announced by BLM for Public Lands in California
Safe Drinking Water Act Fine - Injection Well Violations in Colorado
Water Purchase by State Agency in Washington for Mitigation
Water Right Price Index Released by WestWater Research
EPA Funding for Small Water & Wastewater Systems: Training & Technical Assistance Grants
Oregon's Temperature Criteria Standards Rejected by EPA
Basin of Origin Claims of Tehama-Colusa Canal Authority Rejected by 9th Circuit - Reclamation Cutbacks Upheld
Reclamation Manual Policies and Directives and Standards Finalized by Bureau
Citizen Suits Under Clean Water Act - "Diligent Prosecution" Bars Clarified by 9th Circuit (Knee Deep Cited)
National Stormwater Calculator Released by EPA

TWR #113: July 15, 2013

In-Depth Water Articles:

The Southern Delivery System - Getting to the Finish Line: Planning, Permitting & Constructing by John A. Fredell, Southern Delivery System Program Director for Colorado Springs Utilities (Colorado)

Klamath Adjudication - The Judicial Phase Begins: New Era in Oregon's Contentious Water History by Douglas MacDougal, Adam Orford, and Daniel Timmons, Marten Law PLLC (Portland, Oregon)

Stormwater Treatment Technology: Recent Innovations by Jason Ghaffari, Principal Project Manager, Blue Environmental (Seattle, WA) & Michael Johnson, Principal Engineer, Lean Environment (Redmond, WA)

Nutrient Trading & Water Quality by Susan Parker Bodine, Partner, Barnes & Thornburg (Washington, D.C.)

State Control of Water: U.S. Supreme Court Rules for Oklahoma - Interstate Compact & Commerce Clause Issues by David Moon, Editor

Water Briefs:
Speculation Decision by Colorado Supreme Court:: “Can and Will" Requirements Clarified
Joint Regional Agreement on Best Practices for Water Quality Trading in Idaho, Oregon and Washington
“Addressing Mexico’s Water Deficit to the United States” - Report Released by Texas Officials Concerning the Rio Grande
EPA’s Drinking Water Infrastructure Needs Survey and Assessment - $384 Billion Infrastructure Needs
Nondiversion Agreement - Aspen Instream Flow Agreement with Colorado Water Trust
Endocrine Disruptors: EPA Public Review of Information Collection Request
Groundwater Banking Project: Reclamation Restoration Funds (San Joaquin River Restoration Settlement Act)

TWR #112: June 15, 2013

In-Depth Water Articles:

The "Fill Mead First" Proposal: Potential Legal Issues Under the Law of the River by Lawrence J. MacDonnell, Attorney and Consultant (Boulder, Colorado) and Professor of Law, University of Colorado, Boulder

Climate Change Science Update: “Our Changing Climate: An Update on the Science” - A Presentation of Dr. Donald Wuebbles, University of Illinois (Urbana, Illinois)

At the Water-Energy Nexus: Renewable Energy from In-Conduit Hydropower by Jennifer Allen Newton, Bluehouse Consulting Group, Inc. (Hillsboro, OR)

Water Quality Trading: An Update on Lawsuits and Legal Challenges by Teresa Jacobs and Priscilla Hampton, Perkins Coie (Portland, OR)

Water Briefs:
WALMART Pleads Guilty to CWA, FIFRA, & RCRA Violations
Colorado River Diversion for the Salton Sea: Reclamation Requests Payback from Imperial Valley Irrigation District
Water Transfers Push in California: Governor's Order to Streamline Process
Water Supply Fund in Texas: $2 Billion Investment Depends on Texans' Vote Following Passage by Legislature
Agricultural Conservation Report: Water to Supply the Land: Irrigated Agriculture in the Colorado River Basin
Fracking Rule for Public & Indian Lands Proposed by Interior
Fracking Comments Period Extended by EPA for Potential Fracking Impacts on Drinking Water Resources
Culvert Case Appeal in Washington: Tribal Fish Passage Decision Appealed by State to 9th Circuit
Water Banking Criteria Draft Released by Reclamation for Central Valley Project
Klamath BiOp - Operations of Klamath Project Through 2023 Announced by Reclamation (NMFS and USFWS BiOp)
Aquifer Depletion Study: USGS Releases Groundwater Depletion in the United States (1900-2008)

TWR #111: May 15, 2013

In-Depth Water Articles:

Indian Water Right Negotiations: Interior's Considerations When Appointing Federal Negotiation Teams by Duane Mecham, Office of the Regional Solicitor - US Department of the Interior (Portland, OR)

Conjunctive Use in California's Central Valley: Mixed Results After Decades of Groundwater Banking by Jennifer Spaletta, Spaletta Law PC (Lodi, CA)

Klamath Adjudication Update: Administrative Phase Complete — Judicial Review Beginning by Sarah R. Liljefelt & Laura A. Schroeder, Schroeder Law Offices (Portland, Oregon)

Water Briefs:
Keystone XL Pipeline - EPA Raises Objections
"Acquavella V" Decision Issued in Washington State Adjudication
Snake Valley Water Agreement Rejected by Utah Governor (Nevada & Utah Agreement)
Water "Call" Agreement in Colorado - Senior Rights "Relaxed" to Allow Storage
Mining Bill Vetoed by Governor in Montana: Groundwater & Surface Water Impacts Cited
Texas Accuses Mexico of Withholding Water from Rio Grande: IBWC Urged to Compel Delivery
Fracking Risks Lawsuit in California: BLM Leases & NEPA Review
Idaho Waters Digital Library - New Version Released
California Water Rights Atlas Unveiled by Resource Renewal Institute
Interior Released FEIS on Klamath River Dam Removal & New Management Plan Dispute
Southern Nevada Water Authority Article: Low Winter Flows in the Colorado River & Projected Shortages
Oil Spill Fine & EPA Enforcement of Clean Water Act: Spill Within Tribal Boundaries
Sediment Control in Arizona: ADEQ-EPA Grant Program - Piping Project & Nonpoint Pollution Control
Cooperative Watershed Management Program (WaterSMART): Reclamation Funding - Applications Sought
Reclamation Announces Actions & Strategies to Improve Water Supplies for California’s Central Valley Project
Republican River Compact Compliance: Storage Releases by Nebraska (States Fail to Reach Future Access Agreement)
Water Quality Assessment Map Announced in Utah: Tool for Beneficial Uses and Water Quality Conditions
Utah DWQ Issues Notice of Violation & Compliance Order Requesting Chevron Report on Diesel Spill
"Groundwater Governance in the US" Project Initiated by Arizona WRRC and UA Udall Center for Studies in Public Policy
EPA Reaches Agreement With ADOT to Improve Stormwater Management
Mountain-Top Mining: EPA Post-Permit Veto Authority Upheld
EPA Proposing to Amend Effluent Limitations Guidelines & Standards for Steam Electric Power Generating

TWR #110: April 15, 2013

In-Depth Water Articles:

Hydraulic Fracturing & Water: Considering the Water Resources Impacts of Hydraulic Fracturing by Adam Orford, Marten Law, PLLC (Portland, Oregon)

The Aransas Project v. Shaw: Does Texas Water Law Provide Enough Water for Whooping Cranes? by Melinda E. Taylor, Director of the Center for Global Energy, International Arbitration and Environmental Law (University of Texas School of Law, Austin)

Culvert Case Decided in Washington: Tribal Treaty Fishing Rights Victory by David Moon, Editor

Water Briefs:
Texas ESA Decision on Whooping Crane Protection Draws Rebuttals: TCEQ & Texas Farm Bureau Weigh In
Tribal Water Settlement in New Mexico - Aamodt Water Rights
Errata: TWR #109 Water Brief on North Platte Regulation & Priority Administration in Wyoming
Fracking Disclosure: Trade Secrets Protected in Wyoming
ESA & 1872 Mining Act Decision (Suction Dredge Impacts) - ESA Trumps
Bay Delta Plan: Drafts of Conservation Plan Released in California
New Restoration Program for Streams and Wetlands in Montana
Progress Toward Establishing a National Assessment of Water Availability and Use - Interior Water Census
“Takings" Claim Denied in Casitas Case: Beneficial Use & Injury Alleged
2008-2009 National Rivers and Stream Assessment - EPA Stream Survey
Wastewater Spills in Arizona - ADEQ Enforcement (Fine & Supplemental Environmental Project Required)
US-Mexico Border Water Infrastructure Program 2012 Annual Report - Released by EPA
Cleanup Settlement at Goodrich Superfund Site in California (EPA): TCA & Perchlorate
Republican River Compact Call in Nebraska: Bureau of Reclamation Responds to Nebraska DNR Order

TWR #109: March 15, 2013

In-Depth Water Articles:

Tribal Claims to the Colorado River by Ryan Smith, Brownstein Hyatt Farber Schreck (Washington, DC)

Washington Stormwater Center: Projects Update by Lisa Rozmyn, Washington Stormwater Center (Puyallup, Washington)

California Small MS4s Regulation: State Adopts New Stormwater Regulations & Expands Program by Wendy Manley, Wendel, Rosen, Black & Dean LLP (Oakland, California)

Umatilla Basin Aquifer Restoration Project: New Management Model at the Crossroads by Martha Pagel, Schwabe, Williamson & Wyatt (Salem, OR)

Desalination and Membrane Technologies: Federal Research and Adoption Issues - Edited/condensed from the Congressional Research Service Report: Authored by Nicole Carter, Specialist in Natural Resources Policy (CRS)

Water Briefs:
Bay Delta Deliveries: Reduced Pumping & Endangered Species Act Issues
Groundwater Closure in New Mexico: Protection of Existing Rights
North Platte Regulation to Protect Storage Rights in Wyoming: Priority Administration in Effect
Extreme Events Workshop Planner - EPA’s Climate Ready Water Utilities Initiative
Low Impacts Permits - American Rivers' Guide to LID Permitting
Agricultural Water Conservation Efficiency Grants - Bay Delta Restoration Program
Total Coliform Rule - EPA Revisions
Water Cybersecurity Executive Order on Critical Infrastructure

TWR #108: February 15, 2013

In-Depth Water Articles:

Conjunctive Management in Idaho: Public-Private Partnerships & Conjunctive Management of Surface & Ground Water by David R. Tuthill, Jr., Phillip J. Rassier, and Hal N. Anderson, Idaho Water Engineering, LLC (Boise, Idaho)

Stormwater Regulation & Management: An Overview of Current Trends in the West by Nathan Hardebeck, Nate Holloway, Valerie Monsey, Chris Heibrun and Mike Chase, SoundEarth Strategies, Inc.

Yakima Water Plan: The Other Side of the Story by Brock Evans, President, Endangered Species Coalition; Karl Forsgaard, President, North Cascades Conservation Council; Chris Maykut, President, Friends of Bumping Lake; & Elaine Packard, Chair, Sierra Club, Washington Chapter, Water and Salmon Committee

Author's Reply (Yakima Water Plan) by Steve Malloch, National Wildlife Federation and Michael Garrity, American Rivers

Adverse Possession & Beneficial Use in Colorado by David Moon, Editor

Water Briefs:
Temporary Flooding Can Constitute a 5th Amendment Takings: U.S. Supreme Court Decision
Failure to Act: The Impact of Current Infrastructure Investment on America’s Economic Future Released by American Society of Civil Engineers
Interstate Lawsuit on Red River Compact to be Heard by U.S. Supreme Court - Texas & Oklahoma
National Climate Assessment Draft Released by Federal Advisory Committee: "Firmly in the Present"
Climate Resilience Evaluation and Awareness Tool (CREAT) - EPA Update Available
Klamath Dam Removal Overview Report for the Secretary of the Interior: An Assessment of Science and Technical Information Released
NOAA Enforcement: Division Enforcement Priorities for 2013 (Draft) Released for Comment
Groundwater Contaminated Sources for Drinking Water Supply - California Report
Green Infrastructure Factsheets on Permitting & Enforcement Released by EPA - NPDES Wet Weather Programs
Salmon Returns - Ocean Conditions Aid Predictions: NOAA-OSU Study
Critical Habitat for Lower Columbia River Coho & Puget Sound Steelhead: Comments Closing Soon
Uranium Decontamination Cleanup: EPA Five-Year Plan Report on Progress
Pipeline Spill & Water Quality Violations: ADEQ Enforcement for Silver Bell Mining
Vessel Spill: Washington's Dept. of Ecology Enforcement Agreement With Trident Seafoods Corp.

TWR #107: January 15, 2013

In-Depth Water Articles:

In This Issue:

Water Transfers in the West by Carlee Brown, Western Governors’ Association (Denver, CO)

Water Policy & Science: Nebraska's River Basin Evaluation Tools by James Gilbert, Integrated Water Management Division - Nebraska Department of Natural Resources (Lincoln, NE)

Colorado River Management: Planning, Agreeing & Acting by Ted Kowalski, Chief of the Interstate, Federal and Water Information Section of the Colorado Water Conservation Board (Denver, CO)

Water Briefs:
California’s Water Market, By the Numbers, Update 2012
Texas v. New Mexico -
Texas Sues Over Water Deliveries Under the Rio Grande Compact (U.S. Supreme Court)
The Colorado River Basin Water Supply and Demand Study
Released by Reclamation
Transboundary Case (Pakootas v. Teck) - Pollution Liability Under U.S. Law
"National Water Program 2012 Strategy: Response to Climate Change" Released by EPA
Drilling Leases Purchased by Trust for Public Lands for Conservation
Orphan Mine Sites: "Good Samaritans" Liability Clarified to Encourage Cleanup
South Platte Wells in Colorado: Over-Augmentation Damage Study Begins
EPA Fracking Study Update Released: Review & Comment
Pathogens Rule Update by EPA: Limit for E. Coli
Klamath Restoration Agreement - Settlement Extended
Stormwater Ruling from US Supreme Court - Transfer of Polluted Water Not "Discharge" Under CWA
Shasta Lake Water Resources Investigation - Comment Period Extended

TWR #106: December 15, 2012

In-Depth Water Articles:

Yakima River Basin Integrated Water Plan: Strange Bedfellows take Risks, Find Common Ground by Steve Malloch, National Wildlife Federation and Michael Garrity, American Rivers

Pipe Dreams: Water Supply Pipeline Projects in the West by Denise Fort, University of New Mexico Law School & Barry Nelson, Natural Resources Defense Council

Water Briefs:
Interstate Compact Litigation Between Oklahoma & Texas: U.S. Solicitor General Files Opinion
Tribal Water Compact: Proposed Settlement Released in Montana
Priority Regulation in Texas - Brazos River Call
Water Transfers Report Released by the Western Governors
Storage to Retention: Expanding California’s Options for Meeting Its Water Needs: California Roundtable on Water and Food Supply
Streamlined Application Process for Water & Wastewater Systems in Nevada
New EPA Stormwater Rules Issued on Logging Roads Runoff Just Before Supreme Court Argument
Water Leasing Pilot Program Summary: The Colorado Water Trust's 2012 Leases
Nonpoint Source Guidelines & Grants Released by EPA for States & Territories
Delta Stewardship Council Posts the Delta Plan Final Draft in California
USGS Study on Groundwater Impact on Streamflows Released
Protecting Drinking Water Sources through Agricultural Conservation Practices: USDA Toolkit Released
Missouri River Municipal & Industrial Water Storage Reallocation Study Released by U.S. Army Corps of Engineers
Perchlorate Site Cleanup & Groundwater Investigation by EPA in California

TWR #105: November 15, 2012

In-Depth Water Articles:

Interview of Scott A. Verhines, New Mexico State Engineer - Interviewed by Michelle Henrie, Attorney at Law (Albuquerque and Santa Fe, NM)

New Mexico Priority Administration: New Mexico Supreme Court Decision on State Engineer's Authority by David Moon, Editor

The Future of the Columbia River Treaty by Nigel Bankes, University of Calgary & Barbara Cosens, University of Idaho College of Law (Moscow, ID)

WaterSMART Update (Edited/Condensed from US Bureau of Reclamation / Department of the Interior materials)

Lawsuit Challenges All Water Quality Trading - Comments by Tom Lindley, Perkins Coie (Portland, OR)

Water Briefs:
Prison Sentence for Clean Water Act Violations in Washington
Las Vegas Water: Governor Releases Utah Water Lawyers' Report on the Snake Valley Water Agreement
Instream Water Rights in California: Tribes Criticize USFS' Endangered Species Act Inaction
Disposal of Large Amounts of Contaminated Water: A Support Guide for Water Utilities Released by EPA
Oil & Gas Lease Buyout in the Hoback - Wyoming: Trust for Public Land Purchases Private Leases
Fracking Lawsuit in California - Enforcement Issue Regarding Existing Law
Puget Sound Partnership's Biennial Report State of the Sound Released
Chinatown Revisited: Water Waste Suit Filed by Los Angeles Department of Water and Power
Pipeline & the Endangered Species Act - 9th Circuit Decision on ESA & NEPA (Ruby Natural Gas Pipeline)
Health of Waterways: EPA Releases New Web App (How’s My Waterway app and website)
Las Vegas Groundwater Market - Rights Offered for Sale
California’s Water-Energy Nexus: Pathways to Implementation - White Paper Released by Governor’s Climate Action Team
Guidelines for Water Reuse (2012) Released by EPA

TWR #104: October 15, 2012

In-Depth Water Articles:

Northwest Hydropower & Fish: Columbia River Basin Salmon Recovery Efforts Update by F. Lorraine Bodi, Bonneville Power Administration

Arizona Groundwater Management by Sharon B. Megdal, PhD, Director, Water Resources Research Center, University of Arizona

Ben Grumbles & The U.S. Alliance: Interview by Tom Lindley, Perkins Coie, LLP

Water Briefs:
Comments on Land Use & Water Supply, TWR #102 (Sarah Mack, Tupper Mack & Wells and Dave Monthie, DLM & Assoc.)
Water Conflict Policy: Federal Agencies & Conflict Resolution (OMB/CEQ Directive)
Army Corps Infrastructure: Management of Aging Systems (National Research Council Report)
Keystone XL Pipeline: Nebraska DEQ's Information Website
Improving Water Right Enforcement Authority, California Bay-Delta Watermaster Report
State Trust Lands Decision by Arizona Supreme Court - No Federal Reserved Rights
Purchases of Reservoir Storage by Various Buyers in Colorado
Crow Tribe Settlement Implementation - Contracts with Reclamation for Irrigation and Municipal, Industrial & Rural System
Desalination Plant - Proposed Purchase Agreement Signed (San Diego County Water Authority & Poseidon Resources
State of Our Watersheds - Northwest Indian Fisheries Commission Report Released
Environmental Flows Standards and Strategies Recommendations Report for Brazos River & Estuary Submitted to TCEQ
Transboundary Pollution Case Continues - Agreement Conceding Liability Reached Just Before Trial
Mine Stormwater - Clean Water Act Penalty & Settlement in Alaska
Water Reuse Guidelines - EPA Releases 2012 Update
"Right to Water" Legislation Signed in California by Governor Brown
Clean Water Act and Pollutant Total Maximum Daily Loads - Congressional Research Service Report to Congress
Water and Climate in the Pacific Northwest White Paper
Navajo-Gallup Water Supply Project Funding - Expedited Permitting & Review for Navajo Nation
Dam & Obstructions Removal — USFWS Fish Passage Report

TWR #103: September 15, 2012

In-Depth Water Articles:

Water Quality Trading - "In It Together: A How-To Reference for Building Point-Nonpoint Water Quality Trading Programs by Bobby Cochran, Executive Director, Willamette Partnership, Nicole Robinson Maness, Willamette Partnership, and Tom Lindley, Perkins Coie LLP

The ESA & Water: Litigation Update - The Endangered Species Act as Driver of Water Quality and Water Quantity by Marie Quasius and Eric Laschever, K&L Gates (Seattle, WA)

Upcoming EPA Drinking Water Proposals by J. Alan Roberson, P.E., Director of Federal Relations for the American Water Works Association (AWWA) (Washington, D.C.)

Water Briefs:
Privatization Report: “Private Equity, Public Inequity: The Public Cost of Private Equity Takeovers of U.S. Water Infrastructure.”
Groundwater Reserves Proposal: Study Released on Water Supply & Climate Change for California
Nevada Pipeline & Las Vegas Groundwater System: BLM Right-of-Way Final EIS Released
Groundwater Cleanup: PCE Removal in Las Cruces, New Mexico
Environmental Flows: TCEQ Approves New Permit Rules for Several Rivers and Bays (Surface Water)
Stockpond/Reservoir Permits: Enforcement Effort by the California Water Resources Board
Fish Consumption Rate: Public Invited to Comment on Dept. of Ecology's Technical Support Document
Bay Delta Action Plan Released by EPA
Compliance Assistance - Small Community Program with Arizona DEQ
Water Markets in the West: Prices Decrease Again
Nonpoint Source Pollution: Restoration Success in Texas Using Voluntary BMPs
Utah & Confederated Tribes of the Goshute: Negotiation MOU to Quantify Reserved Water Rights for Tribes

TWR #102: August 15, 2012

In-Depth Water Articles:

Local Land Use Decisions & Water Supply Considerations: New Rules from the Washington Supreme Court by Dave Monthie, DLM & Associates (Olympia, WA)

Northwest Water Banking: Meeting Instream and Out of Stream Water Needs in the Pacific Northwest by Amanda E. Cronin (Washington Water Trust) and Lara B. Fowler (Penn State School of Law)

Hydraulic Fracturing & Water: Water Needs and Appropriate Management by William H. Fronczak, P.E., Select Energy Services LLC (Denver, CO)

Water Briefs:
Request for Water 2012: Pilot Leasing Program in Colorado
South Dakota Shutoff: Domestic & Stockwater Preference During Drought
Agricultural Water Measurement Regulation: Final Regulations Adopted in California
CAFO Reporting Rules: EPA Withdrawal and Revisions
Groundwater Cleanup: Commingled Treatment System at California Superfund Site
Kalispel Tribe Agreement With Federal Agencies: Habitat & Fish Stocks in Columbia Basin
Inland Empire Groundwater: USGS Groundwater Quality Study - Nitrates & Perchlorates
Dam Removal Impacts Study on Elwha River Sediment Release
Dewatering, Monitoring & Remediation Plans: Refinery Plume Migration & Groundwater Treatment System (CO)
Stored Water Release Planned to Supplement Klamath River Flows to Avoid Fish Kills: Reclamation Findings
New Mexico State Engineer's Report: 2009-2011 Annual Report
Glen Canyon Dam: Colorado River Basin States Propose Alternative for Management Plan
San Joaquin River Restoration Program: Reclamation & CDWR Release Final PEIS/R
Tribal Water Bank Developed for River Deltas' Wetlands in Washington
Tunnels Planned for Bay Delta Conservation Plan - Supply/Restoration of Sacramento-San Joaquin Delta Ecosystem
US-Mexico Border Water Infrastructure Program’s Annual Report for 2011 Issued by EPA
Rain Barrels - Urban Waters Toolkit Available From EPA

TWR #101: July 15, 2012

In-Depth Water Articles:

Endangered Fish Reintroduction: Collaboration Trumps Conflict at Whychus Creek by Pamela Thalacker, Hydro Project Coordinator, Three Sisters Irrigation District (Oregon)

The Columbia River, Basin, and Treaty: Upcoming Treaty Date is Focussing Basin Water Management Issues by Stan Miller, Spokane County Water Resources Program (retired) & American Water Resources Association, Washington Section (Board Member)

Reclaimed Water Treatment - Assessing Optimal Methods to Reduce Trace Organic Compounds and Pathogens by Jeff Bandy, PhD (Carollo Engineers); Andrew Salveson, PE (Carollo Engineers); Keith Bourgeous, PhD, PE (Carollo Engineers); and Karl Linden, PhD (University of Colorado at Boulder)

Water Briefs:
Water Rights Forum - Subject Matter Jurisdiction Decision in Nevada
Water Availability Study by USGS: Climate Change Impact in 14 Basins
Emerging Contaminants Advisory Panel Forming in Arizona
Green Infrastructure Permitting & Enforcement: EPA Fact Sheets Released for NPDES Programs
Suction Dredge Mining Halted in California - Governor Continues Moratorium
Groundwater Cleanup at Superfund Site in Los Angeles: $6 Million Settlement (Drinking Water Protection)
Hydraulic Fracturing and Water Resources: Separating the Frack from the Fiction - Pacific Institute Report
Integrated Municipal Stormwater and Wastewater Planning Approach Framework
Contaminants in Wastewater Effluent & Stormwater Runoff - Columbia River Basin: USGS Study
Combined Sewer Overflow (CSO) Control Plans: Post-Construction Compliance Guidance Issued by EPA
Wetland Delineations: New Wetland Plant List Available from US Army Corps of Engineers
NEPA Litigation Guide - Second Edition Released
Water Utilities Report by Black & Veatch: Strategic Directions in the U.S. Water Utility Industry

TWR #100: June 15, 2012

In-Depth Water Articles:

Republican River Compact: Federalism, the Compact, and the Serial Crises of State Water Law by Burke W. Griggs, Special Asst. Attorney General (Topeka, KS)

Stormwater Permits & LID: Washington State's Low Impact Development Requirements by Linsey Payne

Colorado Basin Study - Basin Water Supply & Demand Study Update by Carly Jerla, James Prairie, and Pam Adams (U.S. Bureau of Reclamation)

Water Briefs:
Mining Law & the Endangered Species Act Decision - Section 7 Consultation Required
Historic Use & "Takings" Decision in Colorado: Transfer Application Prompts Review
CAFOs Permit Manual & Nutrient Management
Conservation Plan in Oklahoma: Freshwater Conservation Legislation
Fracking Requirements by Interior: Disclosure & UIC Diesel Fuel Use (Proposed Rules & Permitting Guidance)
Surplus Water in Reclamation Projects: Corps Pricing Policy Being Developed (M&I Use Included)
Blackfeet Tribe Granted Authority to Administer Water Quality Standards Program (CWA)
Corps Levee Policy on Vegetation Removal: CDFG Files Suit Against Removal Requirement
Wetlands Grants: Conservation & Habitat Grants from Dept. of Interior

TWR #99: May 15, 2012

In-Depth Water Articles:

Treaty Tribes & Hatcheries by Alan C. Stay, Tribal Attorney (Muckleshoot Indian Tribe), Auburn, WA

Western States' Water Planning: The Best Laid Plans - Water Planning in Uncertain Times by Janet Neuman, Tonkon Torp (Portland, OR)

The Washington Stormwater Center: Stormwater Assistance by John D. Stark, Ph.D. and Tanyalee Erwin

Texas Groundwater Ruling - EAA v. Day: Texas Supreme Court Confirms Landowner's Ownership of Groundwater in Place by Edmond R. McCarthy, Jr., Jackson, Sjoberg, McCarthy & Townsend LLP (Austin, TX)

Abandonment & Nonuse Case in Nebraska: Regulation of Water Rights Leads to Decision on Common Law Issues by David Moon, Editor

Water Briefs:
Green Stormwater Infrastructure/Implementation Needs: Clean Water America Alliance's National Survey Results
Speculation Denied by New Mexico State Engineer: Groundwater Application Rejected
Speculation - ALJ Ruling in Oregon Overturns Agency Decision
The Water Efficiency and Conservation State Scorecard: An Assessment of Laws and Policies Released
Arizona Legislation: Instream Water Rights Face Hurdles & Rainwater Harvest Pilot Projects Proposed
"Oregon's Water Markets:" White Paper Released
Stormwater: Felony Violations of the Clean Water Act Lead to Large Fine & Possible Jail Time
Kansas Groundwater Program: Multi-Year Flex Account Designed to Conserve Water & Extend Life of Ogallala Aquifer
Salmon Safe Certification: Golf Course Assessment Leads to Certification for Tribal Course
NOAA Enforcement Priorities Document Released
Watershed Restoration Success: Nonpoint Sources Addressed - EPA Section 319 Program
Crow Tribe Compact: Water Rights Settlement Signed in Montana
USGS & EPA Launch Online Portal for Water Quality Information
Drinking Water Contaminants List: EPA Working With Water Systems to Monitor Unregulated Contaminants
Pesticides & Water: EPA Human Health Benchmarks Table Update

TWR #98: April 15, 2012

In-Depth Water Articles:

SACKETT v. EPA: U.S. Supreme Court Opens Door to Pre-Enforcement Review by Richard M. Glick, Davis Wright Tremaine (Portland, OR)

Municipal Water Resources & Regional Planning: The Prairie Waters Project - Aurora, Colorado by Lisa Darling, South Platte Program Manager, Aurora Water (Aurora, CO)

Industrial Stormwater Permitting: Status and Trends in Western States by Gregg Bryden, Kennedy/Jenks Consultants (Portland, OR)

Oregon Temperature Water Quality Standards Upheld (Sort Of) by Richard M. Glick, Davis Wright Tremaine (Portland, OR)

Water Briefs:
Secret Society - Shadow Government Alleged in California
Ski Area Water Rights: U.S. Forest Service Taking?
Las Vegas Water Rights Granted: Groundwater Exportation Allowed for Southern Nevada Water Authority
Colorado River Basin Water Supply & Demand Study: Resolving Water Supply & Demand Imbalances
San Joaquin Recirculation of Recaptured Interim Flows: Reclamation Releases EA/FONSI
Adaptation Strategies Guide for Water Utilities Released by EPA
Fracking Investigation of Groundwater Contamination to Continue in Wyoming (EPA, Tribes & Wyoming Agreement)
Oklahoma Adjudication Removed to Federal Court
Irrigation Diversions & ESA Impacts on Federal Lands (BiOp Finds Jeopardy & Requires Minimum Flows)
NEPA Procedural Ruling in Arizona Snowbowl Case: Claims Found Meritless Under NEPA and APA
"Identifying and Protecting Healthy Watersheds: Concepts, Assessments, and Management Approaches” (EPA Guidance)
Reclamation Funding for Comprehensive Basin Studies in the West (WaterSMART)

TWR #97: March 15, 2012

In-Depth Water Articles:

LID Stormwater Retrofitting: Application to Residential Areas Around Puget Sound by Amalia Leighton, PE, SvR Design Company (Seattle, WA)

Army Corps Nationwide Permits & Clean Water Act 401 Water Quality Certification: New NWPS Become Effective This Month by Merritt Frey, Habitat Program Director, River Network

Closed Loop Geothermal Power Plants: New Mexico Clarifies Permit Process by Michelle Henrie, Michelle Henrie LLC (Albuquerque, NM)

Water Briefs:
Groundwater Rights & Regulation in Texas: Ownership and "Takings"
Stream Adjudication in Oklahoma: Federal & State Litigation Heat Up
Water Legislation in Kansas : “Use It or Lose It" - Abandonment and Multi-Year Groundwater Flex Accounts
GAO Study on "Produced Water" Released (Oil and Gas Production)
America’s Drinking Water Infrastructure Challenge: AWWA Study
Infrastructure Funding of $50 Million Announced by Interior
CAFO Permit Technical Manual Released by EPA
Enhanced Conservation Reserve Program (CRP) Announced (Grasslands & Wetlands)
Stormwater Construction Runoff: EPA Issues New Permit
Green Infrastructure: EPA's Updated Website - Research & Water Quality Assistance

TWR #96: February 15, 2012

In-Depth Water Articles:

EPA Effluent Guidelines: Proposed Regulation of Shale Gas & Coalbed Methane Effluent by Andrea Campbell and Shippen Howe, Van Ness Feldman (Washington, DC)

Low Impact Stormwater Retrofit: Port Converts Standard Bioswale to Bioretention to Meet Water Quality Goals by Kim Slack, Kennedy/Jenks Consultants (Portland, OR)

Construing Speculative Use: TCEQ Remands Million Acre-Foot Water Application for Brazos River Basin by David Moon, Editor

Water Briefs:
Grand Canyon Mining: Uranium Mining Ban
Tribal Water Rights: Quantification Sought in Washington
Discharge Monitoring Report (DMR) Pollutant Loading Tool: EPA Online Tool
Nuclear Power Water Right Change Applications Approved in Utah
Klamath Dams Removal Reports Issued by Interior (includes Economics and Tribal Summary Technical Report)
Climate Change Strategy - Draft Proposed by Obama Administration
Water Reuse: Expanding the Nation’s Water Supply through Reuse of Municipal Wastewater (NRC/EPA Report)
Toxics Release Inventory (TRI) - 2010 Northwest Analysis Released
2012 Texas State Water Plan Adopted by the Texas Water Development Board
Military MS4 Permit in Washington - Draft EPA Permit Includes LID
USDA Conservation Reserve Program (CRP) General Signup
Planning for Sustainability: A Handbook for Water and Wastewater Utilities (EPA Handbook)
Illegal Stream Fill Settlement in California: $500,000 in Restoration Stipulated
Water Quality Markets - USDA Funding (Proposal Request)
Draft 2010 Status of Water Quality in Arizona 305(b) Assessment and 303(d) Listing Report - Public Comments
Pilot Program for Managed Recharge on the Eastern Snake Plain Aquifer in Idaho

TWR #95: January 15, 2012

In-Depth Water Articles:

Instream Flow Assessment - The Science of the Art: Approaches to Evaluating Riverine Aquatic Habitat by Thomas R. Payne, Consulting Fisheries Biologist, Normandeau Associates, Inc. (Arcata, California)

Negotiating Indian Water Rights Claims: Twelfth Biennial Symposium on the Settlement of Indian Reserved Water Rights Claims - Summary of Proceedings by Dan Killoren, (Phoenix, AZ)

Colorado River Basin Irrigation: The Future of Irrigation Organizations in the Colorado River Basin by Dr. Ron Griffin, Texas A&M University and Mary Kelly, Parula, LLC, (Austin, TX)

Water Briefs:
Exempt Well Decision in Washington: Stockwater Exemption Unlimited
Stream Adjudication Authorization in Oklahoma: Sardis Lake Tribal Lawsuit Spurs State Action
Tribal Instream Rights Held Valid in Klamath Adjudication (Hunting, Fishing, Trapping & Gathering)
CAL/EPA 2010 Enforcement Report Released in California
Fracking Pollution Causal Link Found in EPA Draft Report (Groundwater Contamination)
"Taking" Decision in US Court of Federal Claims (Beneficial Use & Damages)
Rotational Agreement Held Not a Change in Water Rights by Colorado Supreme Court
EPA Effluent Guidelines Program Plan Comment Period Extended
PCB TMDL Guidance Released by EPA
Agriculture Nutrient Standard Revised by USDA: National Conservation Practice Standard
Thermal Trading: Oregon Approves Regional Thermal Credit Program for Temperature Standards

TWR #94: December 15, 2011

In-Depth Water Articles:

Climate Change & the San Francisco Bay Watershed: Watershed Impacts Projected for the Coming Century - Edited/Condensed from: James E. Cloern, US Geological Survey, et alia

Pesticides Use & NPDES Permitting: Pesticide Applications Near US Waters Brought Within NPDES Permitting Program by Meline MacCurdy, Marten Law, (Seattle, WA)

Environmental Markets: Using Environmental Markets to Expand the Pace and Scale of Restoration by Alan Horton and Marley Gaddis, The Freshwater Trust (Portland, OR)

Speculative Use or Regional Provider: Company Applies for Massive Water Right in Oregon by David Moon, Editor

Water Briefs:
Extreme Weather & Climate Change: New IPCC Report
NOAA Enforcement Draft Priorities Released (Public Comment Through January 9)
Irrigation to Instream in Wyoming: Change to State-Owned Water Rights Sets Precedent
Tribal Water Supply: White Mountain Apache Tribal Government Water Right Settlement
Water Supply: Drought Response Initiatives in Texas
Toxics Reduction: Puget Sound Pollution Report Released by Ecology in Washington
Stormwater Regulations in Washington: New Draft Guidance & Permits (Low Impact Development Wherever Feasible)
Green Remediation in Oregon: Policy for Cleanup Sites Finalized
Water Assessment - EPA Biological Assessment Document on Water Quality Management
Urban Water Quality: New EPA Planning Process - Prioritized Approach
Regulation & "Takings" - Senior Water Rights Upheld in Eighth Circuit Decision
Endangered Species Act Upheld by US Supreme Court: No Commercial Value & One-state Species Issues Rejected
Colorado Basin Water: Demand & Supply Assessment by Reclamation - Phase 4 Initiated
Tribal Water Rights Settlement Funding Announced for Soboba of Luiseño Indians Settlement Act ($21 Million in California)
Aquatic Bioassessment USGS Database: BioData Retrieval System

TWR #93: November 15, 2011

In-Depth Water Articles:

Takings & Water Rights: Applicability of the Takings Clause to Water Rights Regulations (Recent Developments in the Federal Circuit) by Roderick E. Walston, Best Best & Krieger LLP (Walnut Creek, CA)

Colorado River Water Uses: 21st Century Solutions for the Colorado River Basin's Unbalanced Uses by Drew Beckwith, Western Research Advocates (Boulder, CO)

Water Reuse in the West - Institutional Restraints (Western States Water Council Report) by Nathan Bracken, Western States Water Counsel (Salt Lake City, UT)

Water Briefs:
Habitat Conservation & Farmland Conservation Reserves: USDA's CRP Program
Polluted Waters List: 303(d) List Submitted by California
Natural Gas Wastewater: Coalbed Methane & Shale Discharges - EPA Standards Development
Toxic Pollutants Standards & Fish Consumption Rate: EPA Approves Oregon's CWA Revisions
Columbia River Instream Atlas: Washington's Ecology Releases Draft Tool
Groundwater Management Activities Survey in California
Oregon Water Law Treatise on Water Rights & Water Law Released
CAFO(s) Report Proposal: Settlement Results in Operational Information Reports
Wetlands Decline: USFWS Report on Status & Trends (2004-2009)

TWR #92: October 15, 2011

In-Depth Water Articles:

Tribal Interests, Instream Flows & Hydropower Licensing: Using the Licensing Process to Address Tribal Concerns by Mason Morisset, Morisset, Schlosser, Jozwiak & Somerville (Seattle, WA)

National Flood Insurance & the Endangered Species Act - National Flood Insurance in a Post-Jeopardy Environment: FEMA's "Reasonable and Prudent Alternative" Implementation for the Puget Sound Biological Opinion by Mark G. Eberlein, Federal Emergency Management Agency Region 10 (Bothell, WA Office)

Reclamation's WaterSMART Program: Working to Meet Future Water & Energy Demands by Avra Morgan, WaterSMART Program Manager, Bureau of Reclamation

Water Briefs:
Klamath Dam Removal: Removal Studies Released by Department of Interior
Pharmaceuticals in Drinking Water: General Accountability Office Report Released
Uranium Mine on Navajo Nation Land: EPA Cleanup Plan Announced
Water Utility Sale Proposed - Carlyle Group Purchase of Missoula's Water Company
California Water District’s Conservation Rebate Programs
Gulf Coast Restoration: EPA Ecosystem Strategy Released
Draft Columbia River Basin Long-Term Water Supply and Demand Forecast Released by Ecology
Water Related Impacts of Climate Change: Report Released by Natural Resources Defense Council
Delta Smelt Rulings in California's Bay-Delta: BiOp Remanded and Injunction Issued Blocking USFWS Proposal
Wetlands Grants & Migratory Birds Acquisitions Made by Department of Interior
Final Health Assessment Released for Trichloroethylene (TCE) - Integrated Risk Information System Database
Oregon’s Water Conservation, Re-use and Storage Grant Program Funded
Dairy Manure Runoff Focus: CAFO(s) in Santa Ana Basin Face EPA Orders
Waste Disposal Wells in Alaska: Motor Vehicle Fluids Threaten Groundwater (Army Base Fined)
Enforcement and Compliance History Online (ECHO): New Interactive Mapping Feature

TWR #91: September 15, 2011

In-Depth Water Articles:

Aquifer Storage & Recovery: Advantages, Challenges, Applications & Approaches for Expanding ASR in the West by Walter Burt, RG, and Jeff Barry, RG, GSI Water Solutions, Inc. (Portland, Oregon)

Water Resources Regulation & Development: Groundwater, Floodplains, and "Waters of the United States" by Robert D. Anderson, Fennemore Craig (Phoenix, AZ)

Water Rights & Regulatory Authority Issues: Chickasaw & Choctaw Nations File Lawsuit Opposing Water Transfer by David Moon, Editor

Water Briefs:
Basin of Origin Claim Denied by Federal Judge: Reclamation Prevails Over Tehama-Colusa Canal Authority
Clean Water Act Program Assumption Handbook for States and Tribes Released by ASWM & ECOS
Lake Roosevelt Drawdown Upheld: Reclamation Project Approved by Ninth Circuit
Southwestern Willow Flycatcher Critical Habitat Set by US Fish & Wildlife Service
Suction Dredge Mining Moratorium in California Extended to 2016
Municipal Water Rights (Montana): Court Rejects "Growing Cities Doctrine" & Upholds Agency Transfer
Reclaimed Wastewater: Hopi Tribe in Arizona Sues Flagstaff Over Snowmaking Proposal
Bay Delta Conservation Plan: Schedule for Effects Analysis & EIS/EIR (June 2012)
National Research Council’s Report: A Review of the Use of Science and Adaptive Management in California’s Bay Delta

TWR #90: August 15, 2011

In-Depth Water Articles:

Colorado River Basin Supply & Demand Study by Carla Jerly, Terry Fulp, and Pam Adams (US Bureau of Reclamation)

Indian Water Settlements: Outlook for the 112th Congress and Beyond by Ryan A. Smith, Brownstein Hyatt Farber Schreck, LLP (Washington, DC)

Hydraulic Fracturing Debate: The Long and Winding Road Towards Regulation by Bruce Baizel, Senior Staff Attorney, Earthworks (Durango, CO)

Water Briefs:

ESA Experimental Population: ESA Fish Designation Proposed in Washington
Exempt Wells Decision & Land Use Ruling in Washington: Developers Misuse of Exemption
Water Reuse in the West: State Programs and Institutional Issues: Report by Western States Water Council
Public Trust Doctrine Adopted in Nevada: Decision on Navigable Waterways & Restraint on Land Transfers
Tribal Fish Accord Between Federal Agencies & Kalispel Tribe (Columbia Basin)
Water Planning in Oregon: "Recommended Actions" Proposed for Comment
"Use It or Lose It" Principle Questioned by Kansas Governor: Ogallala Aquifer & Conservation Incentives
Interbasin Transfer Decision in Nevada: Land Use Authority of County Upheld in Transfer Denial
Water Infrastructure Investments Needed: Western Governor’s Association Report
Nitrogen & Phosphorus Pollution (Numeric Water Quality Criteria): EPA Website Enhanced
BiOp Rejected Again: Columbia River Plan Found Arbitrary & Capricious (Specific Mitigation Plan Not Identified)
Mercury Contamination in Arizona: Fish Consumption Advisory Issued by ADEQ
Water Treatment Innovations: Reclamation WaterSMART Awards Grants to California & Texas Study Projects

TWR #89: July 15, 2011

In-Depth Water Articles:

Reclaimed Water & Water Rights Impairment: Draft Reclaimed Water Rules in Washington State by Dave Monthie, DLM & Associates (Olympia, WA)

ESA Experimental Population: NMFS’ First Proposed Designation a Win-Win for Water Users and Steelhead by David E. Filippi and Kirk B. Maag, Stoel Rives LLP (Portland, OR)

Porosity Storage Reservoirs: A 21st Century Solution for Water Storage by Matt Metcalf, PS Systems, Inc. (Lakewood, CO) and William H. Fronczak, Perkins Coie (Denver, CO).

Water Briefs:
Fully Appropriated: Nebraska Supreme Court Decision Impacts Surface & Groundwater Regulation
Lake Lanier Ruling in the Southeast: Reclamation Reservoir & "Water Supply" Purpose 11th Circuit Decision
Criminal Clean Water Act Violation: DARIGOLD Pleads Guilty
Fracking - Diesel: EPA Regulations - Stakeholder Input Sought
Enforcement Report (2010) for State Water Resources Control Board of California Released
Water Banks & Groundwater Mitigation in Washington
Water & Wastewater Training: EPA Tribal Workshops
Fish Consumption & Tribes: Revised Water Quality Standards in Oregon
Identifying Waters Protected by the Clean Water Act - Comment Period Extended
Water Settlement in the Lower Rio Grande: Agreement in Principle Reached for Surface and Groundwater
ESA Workplan: USFWS & Plaintiffs' Reach Agreement (Center for Biological Diversity & WildEarth Guardians)
Spotted Owl Recovery: Revised USFWS Plan

TWR #88: June 15, 2011

In-Depth Water Articles:

Integrating Water and Land Use Planning Strategies to Bridge the Governance Gap by Sarah Bates, Center for Natural Resources and Environmental Policy (University of Montana)

Multi-Sector Water Sharing (Agricultural - Urban - Environmental): Innovative Strategies for the Colorado River Basin & the West by MaryLou Smith, Colorado Water Institute, Colorado State University

Water Briefs:
Ag to Urban Transfer: No Injury Rule & Historical Use (Colorado Decision)
ESA Improvement: USFWS & NOAA Fisheries Effort
Tribal Protection: Exempt Wells Moratorium in Washington
Endangered Rivers List: Natural Gas Drilling in Wyoming
“The Reasonable Use Doctrine & Agricultural Water Use Efficiency” (The Reasonable Use Doctrine Report in California)
Water Rights Transfers in Nevada: Consumptive Use Limitation and Manner (Purpose) of Use
Tribal Clean Water Act Authority Granted to Havasupai Tribe in Arizona

TWR #87: May 15, 2011

In-Depth Water Articles:

New Water Management Model: The Umatilla Basin Water Commission - Counties, Irrigation District & Confederated Tribes Form Administrative Body by Martha Pagel, Schwabe, Williamson & Wyatt (Salem, OR)

Sustainable Water Use: Invisioning a Sustainable Water Future for the American West by Barton “Buzz” Thompson, Stanford University and Stanford Law School

Federal Wetlands Jurisdiction: New Post-Rapanos Guidance - Longer Federal Reach, Less Certainty by Richard M. Glick and Michael J. Gelardi, Davis Wright Tremaine LLP (Portland, OR)

Tribal Water Rights and the Colorado River Reallocation Through Forbearance Agreements by Mason D. Morisset, Morisset, Schlosser, Jozwiak & Somerville (Seattle, WA)

Water Briefs:
Irrigation Efficiency: Conserved Water & Return Flow - Supreme Court Decision in Montana v. Wyoming
Anti-Speculation Decision in Colorado: Need & Speculative Sales
Endangered Species Act Listings: USFWS Proposed Workplan (Proposed Settlement)
Construction General Permit (Stormwater): EPA Permit Proposal - Comment Period Open
Treatment As A State: Havasupai Tribe Authority Under Clean Water Act
Green Construction - Tribal Community Adopts International Code
Water Sharing Strategies for Ag/Urban/Enviro in the West: Western States Council Report with CSU's Water Institute
Aquifer & River Recharge: Spokane Valley-Rathdrum Prairie (SVRP) Aquifer and the Spokane River (Ecology Study)
Water Use Curtailment in Texas: TCEQ Considers Drought Response (Priority, Riparian Rights & Contingency Plans)

TWR #86: April 15, 2011

In-Depth Water Articles:

Dissolved Metals in Stormwater: Biotic Ligand Model - A New Treatment Paradigm (Obtaining Environmental Protection With New Technology & Defensible Standards by Charlie Wisdom, PhD, AICP and Paul Bucich, PE, Parametrix

Wyoming Streamflow Restoration: History, Update & Current Strategies by Scott Yates, Director, Trout Unlimited Western Water Project (Lander, WY)

Conjunctive Use Decisions: Applying the Prior Appropriation Doctrine to Groundwater Use by David Moon, Editor

Water Briefs:
Hydropower/Electricity: DOI Assessment Report at Reclamation Facilities
Clean Water Strategy Released by EPA
Watershed Funding: Wick Grants Available
Water Policy RFP: Army Corps Program
Stream Flow and the Impact of Dams: USGS Study on Dam Operations & Fish Habitat
Yuma Desalting Plant: Reclamation Completes Pilot Run
Chemical Toxicity: Robot Screening System Unveiled
Wetlands Violations & EPA Enforcement: Large Penalty and Restoration Ordered in Montana
Aquatic Ecosystems: EPA Proposed Protection Standards
CWA Integrated Reporting Memorandum for 2012 Reporting Cycle (Water Quality Reports)
Clean Water Act Enforcement - EPA Updates Data & Mapping Webtool
Climate & Utilities: EPA Vulnerability Assessments Final Report (Case Studies of Water Utility Practices)
Wetlands Protection in Washington: Court Upholds Ecology Efforts

TWR #85: March 15, 2011

In-Depth Water Articles:

Endangered Species Act, Take, and Water: The Aransas Project v. Shaw, et al. by Kathy Robb, Hunton & Williams LLP (New York, NY)

Hydraulic Fracturing & Drinking Water: EPA’s Draft Plan to Study Potential Drinking Water Impacts of Hydraulic Fracturing - National Debate on Natural Gas Drilling Intensifies by Adam Orford, Marten Law Group (Portland, OR)

Stormwater and TMDL Allocations: EPA Recommends Stormwater Permit Numeric Wasteload Allocations by Eric Strecker, Geosyntec Consultants (Portland, OR)

CERCLA Citizen Suits Provisions: "Prevailing" Party Determination - The Award of Fees & Costs in Pakootas v. Teck Cominco Metals, Ltd. by Richard A. Du Bey, Leslie C. Clark, and Stephanie G. Weir, Short Cressman & Burgess PLLC

Water "Takings" Decision: Klamath Project Water Users Prevail by David Moon, Editor

Water Briefs:
Water Utility Sale in Montana: Waiver of PSC Review Requested
EPA Regulations Improvement Plan: Comments Sought
Water Contaminants Information Tool Available from EPA
Aquifer Cleanup in New Mexico: County & City System Required (PCE Contamination)
Tissue Monitoring: California Data Exchange Network
Domestic Groundwater Reserve: Development of Ecology Mitigation Program in Washington
Solar Power & Energy Conservation: Cleanup of Superfund Site by EPA
Water Right Purchases in Nebraska: Platte River Enhancement
Wastewater Innovation: Reuse & Energy System Honored in Hawaii
Supply & Streamflow: Water Management Agreement Reached in Washington (Dungeness River Watershed)
Contaminant Monitoring for Drinking Water: EPA Proposal for Unregulated Contaminants
Landowner Rights Decision: Standing to Challenge "Impaired Waters" 303(d) Listing Under Clean Water Act
Stormwater Agreement in Utah: Unpermitted Discharges Penalty for Quarry Runoff

TWR #84: February 15, 2011

In-Depth Articles:

Municipal Stormwater Management: The New Normal - Stormwater Management & Watershed Restoration in Portland, Oregon by Dan Vizzini & Anne Nelson, City of Portland Bureau of Environmental Services

Columbia River Basin Toxics Reduction: Action Plan in Effect by Mary Lou Soscia, US Environmental Protection Agency, Region 10 (Portland, OR)

Federal Stormwater Rulemaking: Association of State & Interstate Water Pollution Control Administrators Comments

Water Quality Permits Information Access: Oregon DEQ Launches Water Quality Electronic Document Repository by Daniel Hermosillo, Water Quality Data Analyst, Oregon Department of Environmental Quality

Water Briefs:
Water Supply Issues in Colorado: Shift from Agricultural Use, Water Transfers & Municipal Needs - Statewide Water Supply Initiative
Water Right Fees - Supreme Court Decision in California
Toxics & Drinking Water: Perchlorate Regulation Announced by EPA
Water Storage Rule in Washington: Processing Expedited
EPA Complaint Filed: Emergency Order Enforcement in Texas
River Access Disputes in Colorado: Task Force Final Report
Climate Change Needs: Research for Long-Term Planning - Report Issued by Corps & Reclamation
Industrial Waste & Wastewater: EPA Issues Civil Penalty to Food Processing Company in Kansas
"The Reasonable Use Doctrine and Agricultural Water Use Efficiency” - California’s Delta Watermaster Report
Drought Planning Report Released by Western Governors' Association & Western States Water Council
Stream Habitat Restoration: Power Company & Environmental Group Partnership in Oregon
Stormwater Monitoring Reports in Washington: Ecology Issuing Fines to General Permittees for Failure to Report
Water Plan Report: Oregon's Integrated Water Resources Strategy Moving Forward
NPDES Permit Writing: Web-Based Training by EPA

TWR #83: January 15, 2011

In-Depth Articles:

Beneficial Use in Times of Shortage: Respecting Historic Water Rights While Encouraging Efficient Use and Conservation by Steven E. Clyde, Clyde, Snow & Sessions (Salt Lake City, UT)

State Survey of Domestic Preference Law by Steven E. Clyde, Clyde, Snow & Sessions (Salt Lake City, UT)

Key Tribal Water Developments in the Pacific Northwest by Duane Mecham, Senior Attorney, Office of the Regional Solicitor, US Department of the Interior, (Portland, Oregon)

Tribal Water Decision in Nevada: Groundwater Change Application Granted by David Moon, Editor

Water Briefs:
US - Mexico Agreement: Colorado River Water Deliveries
Environmental Protocol: Santa Clara Pueblo & New Mexico Sign Memorandum of Agreement
Klamath TMDLs: California Plan Approved - Oregon TMDLs Upcoming
Drinking Water Contamination From Fracking in Texas: EPA Order
Groundwater Order in Montana: EPA Enforcement on Oil Production Contaminants
Tribal Water Lease: Central Arizona Project Water to Municipality (Reclamation FONSI Issued)
Groundwater Settlement in New Mexico: Mining Release Result in $13 Million Damages
Speculation in Water Rights (Colorado): Public Utilities and Trout Unlimited Agreement Reached
New Groundwater Rules for Withdrawals in Washington (Mitigation Requirements/Water Banks)
Abandoned Coal Mines Cleanup Grants Available from Interior
Large Wastewater Fine for Municipality in Oregon: Penalty for Chlorine Discharges
Groundwater Moratorium Since 2004 Lifted in Kansas: USGS Study of Ozark Plateau Aquifer
Water Sustainability: Recycling & Conservation Report Released in Arizona
Dairy Pollution Discharge Permit Denied in New Mexico: History of Noncompliance Causes Rejection
Nevada Water Law Publication Released
Enforcement Results: EPA 2010 Compliance Report - Criminal & Civil Penalties and Mapping Tool
Surface Storage Investigations Progress Report Released by California Division of Water Resources
Water Demand Assessment Discussed by Western Governors' Association (Transfers, Energy, ESA & Climate Change)
Fluoride Assessments: Drinking Water Standards Proposals

TWR #82: December 15, 2010

In-Depth Articles:

Tribal Issues in Oklahoma: Water Policy in the Former Indian Territory - Chickasaw, Choctaw, and Oklahoma at a Crossroads Over Sardis Reservoir by Stephen H. Greetham, Chickasaw Nation’s Special Counsel

Nebraska's Evolving Water Law: Challenges & Opportunities — Part II by Mary E. Kelly, Parula LLC (Austin, TX)

Bureau of Reclamation Update: Interview with Reclamation Commissioner Mike Connor by David Moon, Editor

Washington State Municipal Water Law: Washington Supreme Court Upholds Controversial Law by Jeff Kray, Marten Law Group (Seattle, WA)

Water Briefs:
Hydraulic Fracturing: Interior Holds Forum
Clean Water Permits: EPA Requests Action on Expired Sewage Treatment & Industrial Permits in Texas
Enforcement of Clean Water Act: Homebuilder Agrees to $925,000 Fine Plus Other Improvements for Stormwater Violations in 21 States
Headwater Protection in New Mexico - Wilderness Areas Rule Adopted by Water Quality Control Commission
Lake Pollution from Coal Tar Sealant: Largest Source of Polycyclic Aromatic Hydrocarbons (PAHs) - (USGS Report)
Cobell Settlement: Tribal Claims Settlement Act Passed (Four Tribal Water Right Settlements Included)
Stormwater General Construction Permits in California: Change to "Legally Responsible Person"
Exempt Well Lawsuit Settlement: New State Rules in Montana Forthcoming
Alteration of Streamflows & Ecological Consequences Report Released by USGS
Water Conservation Programs in Arizona Evaluated (Report by Western Resource Advocates)
Water Recycling/Reuse: Title XVI Funding Criteria Published by Reclamation
Endocrine Disruptors: EPA to Expand Testing
Evaluation of Energy Conservation Measures for Wastewater Treatment Facilities Released by EPA

TWR #81: November 15, 2010

In-Depth Articles:

Colorado Water Issues: An Interview with Colorado State Engineer Dick Wolfe by William H. Fronczak, Attorney at Perkins Coie LLP (Denver, CO)

Nebraska's Evolving Water Law: Challenges and Opportunities Part I by Mary E. Kelly, Parula LLC (Austin, TX)

Protecting Tribal Fishing Rights - Fixing Culverts that Block Fish Passage: Final Ruling on Washington State Treaty Responsibilities Expected Soon by Matthew Love and Chris Zentz, VanNess Feldman (Seattle, WA)

Water Briefs:
ERRATA: Environmental Flows
Republican River Compact - Arbitrator's Ruling
Northeastern Arizona Indian Water Rights Settlement - Navajo Nation Council Approval
Fracking Chemicals: EPA Impact Study (Halliburton Issued Subpoena)
Hydropower Potential: Bureau of Reclamation Facilities Report
Exempt Wells Ruling Reversed in New Mexico (Bounds Decision)
Municipal Water Law Upheld by Washington Supreme Court: “Pumps and Pipes” & Expanded Municipal Suppliers Upheld
Clean Water and Drinking Water Infrastructure Sustainability Policy Released by EPA
Water Reuse California Legislation Passed: Recycled Water to Supplement Supplies
Water Purchase in Washington ($14 Million): Municipal and Instream Uses
Evaluation of Energy Conservation Measures for Wastewater Treatment Facilities” - Technical Document Released by EPA
Nutrient Assessment of Streams & Groundwater: USGS Study
Bull Trout Habitat: USFWS Revises Critical Habitat Designation
California Natural Resources Agency Releases Second State of the State’s Wetlands Report
Fish Restoration Program in the Sacramento-San Joaquin Delta & Suisun Marsh: Departments Agreement Signed
Clean Water Act Enforcement - Gravel Mining Impacts Wetlands in Colorado

TWR #80: October 15, 2010

In-Depth Articles:

Oklahoma Storage Transfer Controversy: Tribal Nations & Local Interests Oppose the Transfer Agreement by David Moon, Editor

Hydraulic Fracturing: The Road to EPA's New "Fracking" Study by Adam Orford, Marten Law (Portland, OR)

EPA Construction Stormwater Rule: Seventh Circuit Clarifies Ruling by Tom Lindley and Jessica Hamilton, Perkins Coie LLP (Portland, OR)

Pesticides Regulation: EPA Concludes Comment Period on Proposed Pesticide General Permit - Final Permit Issuance Expected This December by Tom Lindley and Jessica Hamilton, Perkins Coie LLP (Portland, OR)

Water Resources & Environment - A Legislative Update from Washington, D.C.: Conversations with Ryan C. Seiger, Staff Director for the US House Subcommittee on Water Resources and Environment by Joan Card, Joan Card Consulting, LLC (Park City, UT)

Water Briefs:
Coastal Logging Practices: Water Quality Lawsuit Impacts State Logging Practices - Enforceable Nonpoint Limits to be Established
Illegal Use of Well: Commercial Use of Domestic Well (New Mexico)
Interior Order Establishing Policy on Scientific Integrity
Clean Water Act Complaint in Idaho: Fish Farm Violations
Cleanup Agreement: Tribal Lands Uranium Contamination
NPDES Permit Writer's Manual Released
San Joaquin Fish Restoration Regulations Streamlined
Regional Water Supply: Washington's Dept. of Ecology Approves Water Rights
Rain Garden Guide Released in Oregon
Stormwater Treatment: PCBS & Boeing Field Agreement
Delta Flow Criteria: Draft Advisory Report Released
New Mexico 2008-2009 Annual State Water Report Released
Environmental Flow Policies & Guidelines Report
EPA issues Clean Water & Drinking Water Infrastructure Sustainability Policy

TWR #79: September 15, 2010

In-Depth Articles:

Water Restoration Certificates: Voluntary, Market-Based Flow Restoration by Todd Reeve & Rob Harmon, Bonneville Environmental Foundation (Portland OR)

Construction Stormwater Regulation: EPA Withdraws Numeric Sedimentation Limits by Tom Lindley and Jessica Hamilton, Perkins Coie LLP (Portland, OR)

Clean Water Act Litigation: Avoiding and Responding to Third-Party Lawsuits by Jeff Kray & Meline MacCurdy, Marten Law PLLC (Seattle, WA)

Logging Road Runoff: U.S. Loggers Lose an Important Clean Water Act Exemption by Jeffrey J. Miller, Perkins Coie (Seattle, WA) & Robert A. Maynard, Perkins Coie (Boise, ID)

Oklahoma Water Storage: Tribal Concerns Raised - Municipalities Purchase Reclamation Project by David Moon, Editor

Water Briefs:
Exempt Well Ruling in Montana: Rulemaking to Follow
Climate Change and Water Shortages: TETRA TECH / NRDC Report
Dredging Opposed in Missouri River: EPA Objects to Corps Proposals
Total Coliform Rule: EPA Comment Period Extended
Blackfeet Tribe Seeks Clean Water Act Status ("TAS"): Comment Period Open
Tribal Drinking Water Operator Certification Program: EPA Drinking Water Program
Climate Response: EPA Toolbox for Water Utilities
Phosphorus Removal: Boise Proposes Innovative Offset Project
California Drought Contingency Plan (Draft) - Climate Change Impacts
Hydraulic Fracturing: Wyoming Approves Regulations Governing Disclosure of Chemicals
Wastewater & Stormwater Pollution Control in U.S. - Over $298 Billion Needed
Water Rights & Grazing Activities on BLM Land: Decision Overturns Bush Administration Regulations
Small Hydroelectric Agreement - Colorado & FERC Enter Into MOU

TWR #78: August 15, 2010

In-Depth Articles:

South Platte Well Crisis, 2002-2010: Evolving Alluvial Groundwater Regulation by P. Andrew Jones, Lawrence, Jones, Custer & Grasmick LLP (Windsor, CO)

Tribal Instream Rights: Important Settlement Reached on Klamath Basin Challenges by Douglas MacDougal, Marten Law Group (Portland, OR)

US Hydropower Development - US Departments of Energy, the Interior, and the Army Assessing and Promoting Federal Hydropower Development by Charles R. Sensiba, Member, and Julia S. Wood, Associate, Van Ness Feldman, PC (Washington, DC)

Water Briefs:
Safe Drinking Water Enforcement in Alaska: Chlorine Disinfection Byproducts
Clean Water Act Enforcement in Alaska: Wetlands and Streams Damaged
Water Quality Standards Revision: EPA Listening Sessions August 24 & 26
Water Supply Protection: EPA/DOE “Canary" Software
Exempt Well Decision in South Dakota: Domestic v. Commercial Use (Tribal Opposition)
Enforcement Report Released by California State Water Resources Board
National Low Impact Development Atlas: Interactive Site Up on Web
ESA Decision on "Distinct Population Segment" in the Rockies
Phosphorus Water Quality Standard Adopted in Wisconsin
Natural Gas Pipeline in the West: Conservation Fund Settlement and Lawsuit Filed
USDA Projects: Agriculture and Forests Initiatives
L.A. River "Navigable" - Clean Water Act Protection Extended
Takings Decision Issued by US Supreme Court (Stop the Beach Renourishment Case)

TWR #77: July 15, 2010

In-Depth Articles:

Coalbed Methane Produced Groundwater: A Survey of Western Water Law Regulation by Sarah A. Klahn, Esq, White & Jankowski, LLP & Jack Tuholske, Esq, Tuholske Law Office PC, Visiting Professor, Vermont Law School

Tribal Water Rights: Current Issues & Relevant Background by Robert T. Anderson, Native American Law Center, University of Washington School of Law

Northwest Water Marketing: Re-Allocating Water in the Pacific Northwest by Richard A. Slaughter, University of Washington Climate Impacts Group, (Boise, ID, Office)

California Water Regulation: Farm Bureau Challenges State Fish & Game Department Authority by Joseph M. Carpenter, Somach Simmons & Dunn (Sacramento, CA)

Water Briefs:
Water Ruling Reversed: New Nevada Supreme Court Decision
Instream Flow Policy in California: Water Quality Control Policy by SWRCB
Hydraulic Fracturing Impacts: EPA Study Released - Public Meetings
Western Governors Association 2010 Meeting: Water Resolutions
Watershed Needs: EPA Releases 2008 Survey
Water Rights Retired in Nevada: Federal/State/Tribal Program (Newlands Project)
Drinking Water Rules: Total Coliform — EPA Update
Drinking Water Rules: EPA Alternative Testing Methods
CAFO Regulations: EPA Releases Implementations Guidance Document
Recaptured Water: San Joaquin River Restoration (Interim Flow Releases)
CAFO Discharges in Idaho (EPA Order — Simplot Cattle Feeding Company
Dishwater Detergent: Low-Phosphate Detergents Phase-In in Washington (Other States Copying)
Water Conservation in Nebraska: Ogallala Platte Recovery Project

TWR #76: June 15, 2010

In-Depth Articles:

Restoring the San Joaquin River: Restoration Program Update & Status Report by Alicia Gasdick, Project Manager & Margaret Gidding, Project Coordination Specialist (Bureau of Reclamation San Joaquin River Restoration Program, Sacramento, CA)

Stormwater Permit Compliance: New Washington State Industrial Permit Poses Challenges by Neil Alongi, Maul Foster & Alongi, Inc. (Vancouver, Washington)

Climate Change Impacts on Water: Water Climate Forum Brings International Insights to US Adaptation Strategies (Adaptation Principles Finalized) by Erica Brown, Director of Regulatory Affairs and Scientific Program Development, Association of Metropolitan Water Agencies (Washington, DC)

Texas Water Law Litigation by Brian L. Sledge and Jason T. Hill, Lloyd Gosselink Rochelle & Townsend, P.C. (Austin, TX)

Water Briefs:
EPA Proposes New Permit Requirements for Pesticide Discharges
Exempt Wells Decision in Washington (Stockwater) - Correction
Kansas v. Nebraska: Interstate Compact Enforcement
Delta Decisions: Salmon & Smelt Court Rulings in California
Delta Smelt Decline: New Study Blames Nutrient Pollution
Rainwater Harvest: New Law in Effect in Utah
Groundwater Study Released: USGS Contamination Study of Source Water
Draft Columbia River Toxics Reduction Action Plan: Comments Sought
Sanitary Sewer Overflows: EPA Rulemaking
CAFO Violations: EPA Enforcement Actions in the Midwest

TWR #75: May 15, 2010

In-Depth Articles:

Municipal Water Desalination - Alamogordo: New Mexico's First Large-Scale Municipal Desalination Project by James C. Brockmann, of Stein and Brockmann, P.A (Santa Fe, New Mexico)

Tribal Surface Water Rights: Hydraulic Connection Equals Protection - Groundwater Impacts & Federal Jurisdiction by David C. Moon, Editor

Washington Stormwater Regulation: New Industrial Stormwater General Permit by Jeff Kray, Marten Law Group (Seattle, WA)

Paiute Tribe Prevails: Illegal Diversions of Water to be "Recouped" by David Moon, Editor

Water Briefs:
Utah Stream Access: Recreational Use Legislation
Safe Drinking Water Act Guidance: Public Notification Rule
Water Planning in New Mexico: $100,000 EPA Grant to EPA to New Mexico Environment Department
Klamath River TMDL: California Action Plan Approved
Vadose Zone Recharge in Arizona: Water Reuse Award
Exempt Wells Decision in Washington: Feedlot Use Exempted Without Volume Restriction
Clean Water Act Enforcement: ADEQ Consent Judgment with ASARCO (Tailings Discharge)
Toxics Inventories: EPA Proposed Toxics Release Inventory Expansion
Water Conservation Legislation in Colorado
Habitat Conservation: Dept. of Interior Provides $66 Million for ESA Projects
Tribal Wildlife Grants: USFWS Funding for Fish & Wildlife Projects (September Deadline)
Phosphorus TMDL - Spokane River TMDL Upheld (Dispute Resolution Outcome)
Perchlorate Standard: EPA Office of Inspector General's Scientific Analysis
Klamath 2010 Operations Plan Released by Reclamation
Water Efficiency - Reclamation “WaterSMART” Funding Opportunities
Yuma Desalting Plant Pilot Program Started/ DROP 2 Storage Reservoir Celebration

TWR #74: April 15, 2010

In-Depth Articles:

Aquifer Storage & Recovery; New Federal Initiatives - EPA to Develop Guidance by Dr. Cat Shrier, Watercat Consulting LLC (Washington, DC)

Aquifer Storage & Recovery Regulation: Survey of UIC-ASR Regulation in Different States, Chase Hahn, TRC (Littleton, CO)

Exempt Wells in the West: Complications & Compromises by Nathan Bracken, Western States Water Council (Murray, UT)

Reclaimed Water Management: Using Vadose Zone Recharge Wells - The Arizona Experience by Floyd L. Marsh of Lockwood, Andrews and Newnam, Inc. (Phoenix, AZ) and Gary G. Small of HydroSystems, Inc. (Phoenix, AZ)

Klamath "Takings" - Ownership of Water Rights & the Bureau of Reclamation by David Moon, Editor

Water Briefs:
Groundwater System in California: Legislative Analyst’s Office Report Released
TCEQ Endangered Species Act Suit in Texas: Freshwater Inflows to Refuge
Environmental Health Risk Data: EPA Website Launched
Reclaimed Water Decision in Washington: King County's Brightwater Project Supported
Exempt Wells Hearing in Montana: Water Right Appropriation Rules
Nevada Water Rights Upheaval: State Engineer Seeking Input
Water Conservation in California: State Water Resources Plan Released
Groundwater Withdrawal Limits in Washington: Emergency Rule Extended
Drinking Water Supply: EPA Announces Stricter Regulations

TWR #73: March 15, 2010

In-Depth Articles:

Municipal Water Rights & the Growing Communities Doctrine: Development, Codification & Application by Christopher H. Meyer, Givens Pursley LLP (Boise, ID)

Stormwater Regulation Update: EPA Expanding Program by Wendy L. Manley of Wendel Rosen Black & Dean, LLP (Oakland, CA)

New Era of Interbasin Water Transfers: Part II by Barbara Cosens, University of Idaho School of Law (Moscow, ID)

Water Briefs:
Area of Origin Reclamation Lawsuit
“Conservation" Right in Kansas: Beneficial Use Definition (Protection for Instream Flow)
WaterSMART Initiative: Dept. of Interior Strategy
Tribal Clean Water Act Program: Nonpoint Source Pollution
Montana Water Trust Merges With Clark Fork Coalition
Wetland Mitigation Bank in Washington: New Rules/New Bank
Electronic Water Rights Information Management System (Database) in California
Conservation Report on Agricultural Innovations in California (California Farm Water Success Stories: Report & Video)
Klamath Settlement: Formal Agreements Signed
Groundwater Closure Denied in Washington: Stream Flow Concerns by Squaxin Island Tribe (County Agreement Pursued)
Instream Flow Program Annual Report for 2009: California Fish & Game Department

TWR #72: February 15, 2010

In-Depth Articles:

Sacramento-San Joaquin Delta: Major Legislation & Remaining Issues by Alf Brandt, Principal Consultant for the Committee on Water, Parks & Wildlife (California State Assembly)

Stormwater & Sediment Contamination: Minimizing Potential Sediment Recontamination & Associated Liability by Eric Strecker, PE, Marcus Quigley, PE and Marc Leisenring, PE, Geosyntec Consultants (Portland, OR and Boston, MA)

New Era of Interbasin Water Transfers by Barbara Cosens, University of Idaho School of Law (Moscow, ID)

Water Briefs:
Colorado River: Quantification Settlement Agreement Invalidated
Water Rights: Las Vegas Water Applications in Jeopardy Following Nevada Supreme Court Ruling
NPDES Enforcement Annual Report Released in California
Pesticide Lawsuit for Alleged Endangered Species Act Violations
Bull Trout Critical Habitat Dramatically Expanded Following Revisions
New Water Market Website for Washington Agency (Ecology) Programs
Montana Reports Released on Coalbed Methane and Exempt Wells
Wetland Grants: EPA Development Grants Program
Climate Change Information: NOAA Climate Service Website
Water Utility Climate Alliance White Paper Released on Climate Modeling
Dam Removal: San Clemente Dam Agreement in California

TWR #71: January 15, 2010

In-Depth Articles:

Klamath Settlement Agreements: Part II by Glen Spain, Northwest Regional Director, Pacific Coast Federation of Fishermen’s Associations and the Institute for Fisheries Resources

Unsustainable Stockwater Exemptions: Washington Experience Illustrates Exempt Well Contentions by Rachael Paschal Osborn, Center for Environmental Law & Policy (Spokane, WA)

Residual Designation Authority: New Applications of Seldom-Used Clean Water Act Regulatory Tool by Robert W. Varney, Normandeau Associates (Vancouver, WA and Bedford, NH)

Lawsuit Challenging Water Right Negotiations in the Klamath Basin Filed by David Moon, Editor

Water Briefs:
HAZWASTE Cleanup: EPA To Distribute $1.79 Billion From Largest Ever Enviro-Bankruptcy
Federal Stormwater Rule: EPA Listening Sessions
Desalination Pilot Run: Yuma Desalting Plant
Stormwater Discharge: EPA “Ports Initiative" - San Joaquin River Agreement
Colorado River Flows: Grand Canyon Experiment by Dept. of Interior
California Water Myths Dispelled: Study Released
Toxics Regulation: States Push for Toxic Substances Control Act Reform
Groundwater Mitigation in Washington: Bank for New Groundwater Rights
Chemicals of Concern List: EPA's Toxic Substances Control Act Actions
Pesticide Methodology Regarding Aquatic Life Effects: EPA Public Meetings
California Bay-Delta "Interim Federal Action Plan" Released
Climate Modeling & Planning: Water Utility Climate Alliance Paper
Ambient Water Quality Criteria for Ammonia – Freshwater: EPA Draft Update
Effluent Guidelines: Preliminary 2010 Plan
Medicines Take-Back: Denver METRO Disposal Program
EPA Stormwater Guidance for Federal Agencies
Construction Stormwater BMPs: California Handbook Developed by California Stormwater Quality Association (CASQA)
Pesticide Ingredients: EPA Seeks Disclosure

TWR #70: December 15, 2009

In-Depth Articles:

Klamath Settlement Agreements: Charting a New Direction by Glen Spain – Northwest Regional Director, Pacific Coast Federation of Fishermen’s Associations (PCFFA) and the Institute for Fisheries Resources (IFR)

Endocrine Disruptors in Wastewater: Impacts in an Effluent Dominated Stream by Clint Rogers, Carollo Engineers and Michael Luers, Snyderville Basin Water Reclamation District

Water Briefs:
Well Augmentation: Conjunctive Use Decision in Colorado
Exempt Wells Petition Filed: Ranchers' Water Rights Threatened
Section 404 Clean Water Act Overhaul: EPA Enforcement Changes Urged
Endocrine Disruptors in Nevada: Lake Mead Pollution
Clean Water Act Enforcement in Colorado: River/Wetlands Damage Agreement
Irrigation Controls: EPA Specification Comment for Draft WaterSense (Weather-Based Irrigation Controllers)
EPA Climate Work Group for Water Utilities
Construction Sites: EPA Stormwater Rule
Groundwater & Instream Flow: New ECOLOGY Rules in Washington
Instream Flows in Colorado: Trust Agreement Approved for Pitkin County

TWR #69: November 15, 2009

In-Depth Articles:

Land Use & Water Supply Planning: Integrated Planning Symposium Emphasizes New Approach by MaryLou Smith, Aqua Engineering (Fort Collins, CO)

Produced Water & Regulatory Structure: Colorado Struggles with Coalbed Methane Jurisdiction & Control by Michelle Henrie, Attorney (Albuquerque, NM)

Clean Water Act Enforcement: EPA Issues New Action Plan by Tyson Kade and John Iani, Van Ness Feldman (Seattle, WA)

Water Briefs:
Interbasin Transfers: Groundwater Rights Vacated by Court in Nevada
Rainwater Policy Interpretive Statement Released in Washington
Biomass Energy Added to Tribal Energy & Environmental Website
Groundwater Investigation Funded Via Uranium Contamination Agreement (Tribal Land in Arizona
Critical Habitat Designated by NOAA for Green Sturgeon in California & Oregon
USFWS Expenditures for Threatened & Endangered Species: Study for FY 2007 Released
Endocrine Disruptors: EPA Screening Orders Issued for Pesticide Chemicals
Stormwater Penalties Issued Against Idaho Dept. of Transportation
Oregon Governor Calls for Mining Withdrawal and Federal Lands Protection (Suction Dredging)
Environmental Crime & Assault Results in Twenty-Year Sentence in Utah
New Stormwater Limits for Runoff from Industrial Facilities in Washington
Safe Drinking Water: Summary of EPA Actions in Montana
Water Right Leases in California: Scott River Water Trust
"Reasonably Necessary" Water Supply Case in Colorado: Planning Period, Burden of Proof & "Speculative" Flows

TWR #68: October 15, 2009

In-Depth Articles:

The Republican River Compact: Conflict & Arbitration by Justin D. Lavene, Special Counsel to the Attorney General and Marcus A. Powers, Assistant Attorney General (Nebraska Attorney General’s Office)

Arizona Water Management Issues: Maintaining Sustainable Water Management by Steve Olson, Executive Director, Arizona Municipal Water Users Association (Phoenix, AZ)

California Storm Water Regulation: State Intensifies Regulation of Runoff from Construction Sites by Wendy L. Manley, Wendel Rosen Black & Dean, LLP (Oakland, CA)

Snake Basin Adjudication: Lessons Learned by Eric J. Wildman, Staff Attorney for Snake River Basin Adjudication and Coeur D’Alene-Spokane River Basin Adjudication (Twin Falls, ID)

Water Briefs:
Evapotranspiration Mapping — Idaho Innovation Receives Award
Interim Flows — Friant Dam Releases
Reclamation Found Liable — Breach of Contract and "Takings" Decision
Stormwater Agreement in Texas: Contractors & Agencies Pilot Program
Exempt Wells: Washington Attorney General's Opinion Issued
Power Plant Discharge: EPA Revising Wastewater Rules
Climate Change: Dept. of the Interior Strategy/Order
River Basin Studies: Reclamation Program
Priority Contaminants: EPA Drinking Water List
Klamath Dam Removal: Klamath Hydroelectric Settlement Agreement Announced
Contaminate Sediments: EPA Order for Whitefish River in Montana
Contamination Study Agreement by Ecology and Port — Bellingham Toxics Site
Guide to Water Quality in Montana Released
NPDES Violations for Mine in Alaska: EPA Enforcement Action
Wetland Banking: New Mitigation Rule in Washington

TWR #67: September 15, 2009

In-Depth Articles:

Litigation on the Colorado River: Conflicts in Search of Solutions by Michael Gheleta, Brownstein Hyatt Farber Schreck (Denver, CO)

Interstate Groundwater Allocation: Nevada - Utah Draft Snake Valley Management Agreement by David Moon, Editor

Mercury Contamination in Fish: USGS Nationwide Study (Condensed/edited from United States Geological Survey Documents)

Water Briefs:
Instream Water Right Transfer - Dam Removal & Power Right
Perchlorate Regulations: Supplemental Comments for New Rules
Stormwater Permits in California: Construction General Permit Adopted
Recycled Wastewater Disposal: Santa Margarita River Case in California
Kansas v. Colorado - Arkansas River Interstate Settlement Agreement on Final Technical Issues
Sewer Overflows: Puget Sound Protection (EPA Compliance Orders with Seattle & King County)
High Plains Aquifer (Ogallala) - USGS Water Quality Study
Geologic Sequestration: Carbon Dioxide Injection - EPA Seeking Comments
Large NPDES Penalty for Tyson in Nebraska: Missouri River Discharges
Ecology Establishes Water Exchange for Exempt Wells Mitigation
Ammonia Spills in Nebraska & Kansas: $3.65 Million Clean Water Act Penalty
SUPERFUND Settlement: $21 Million Contaminated Groundwater Cleanup System (EPA & Northrop Grumman)
Water Rights Adjudication Default: Washington Moves to Finalize Yakima River Basin Adjudication
Graywater Code in California: New Standards Adopted
Utilities Receive EPA Awards in South Dakota: Nonpoint Source Program & Safe Drinking Water
Stream Restoration Market: Bonneville Environmental Foundation Issues Water Restoration Certificates

TWR #66: August 15, 2009

In-Depth Articles:

Integrated Water-Energy Planning: Major Nationwide Dialogue Underway by Cat Shrier, Ph.D., P.G., Watercat Consulting LLC, Mike Hightower, Energy Systems Analysis Department, Sandia National Laboratories, Nancy Johnson, Director of Planning and Environmental Analysis, US Department of Energy Office of Fossil Energy

Balancing Resource Protection & Economic Development: An Early Assessment of Emerging Water Policies in the Obama Administration by Charles R. Sensiba, Member, Van Ness Feldman, PC (Washington, DC) and Marisa Swenson, Student, American University Washington College of Law (Washington, DC)

The Colorado Water Trust: Western Water Trusts & the Colorado Experience by Amy W. Beatie, Executive Director, Colorado Water Trust (Denver, CO)

Water Briefs:
"Takings" Case Stands: US Decides Not to Appeal Casitas to Supreme Court
Tribal Jurisdiction: Damage Claims Dismissed in Oklahoma AG's Poultry Lawsuit
Exempt Wells Closure: Groundwater Clarification in Washington
Tribal and Municipal Water Supply: Navajo-Gallup Project - Reclamation Report & EIS
USGS Aquifer Study in California: Groundwater Availability in Central Valley
Tribal Liability: Decision Holds No CERCLA Liability Against Tribes in Transboundary Case
Municipal Water Transfer Recommended in Washington: Relinquishment Due to Non-Use (Expedited Process)
Exempt Groundwater: New Recording Rules in Oregon
Clean Water Act Settlement in Nevada: Union Pacific Railroad Agreement Includes $31 Million Restoration and $800,000 Penalty
Irrigation Canal Piping: Conservation Project $5.6 Million Grant by Ecology in Washington
EPA Interagency Website: Improved Access for Federal Regulations
Cease & Desist Order for CWA Violations in Oklahoma (Compost Facility/Animal Wastes)
Open Rivers Initiative: National Funding Opportunity - Applications Due November 16
Aquifer Recharge of Eastern Snake Plain Aquifer in Idaho: Total Recharge Over 103,000 Acre-Feet

TWR #65: July 15, 2009

In-Depth Articles:

Stormwater Retention On Site: An Analysis of Feasibility and Desirability by Eric W. Strecker, PE, and Aaron Poresky, EIT, Geosyntec Consultants (Portland, OR)

Idaho Transfers: An Update on Idaho's Water Transfer Policies and Issues by Michael C. Creamer, Givens Pursley LLP (Boise, ID)

Water Transfers and the CWA: Eleventh Circuit Upholds EPA Interpretation of Clean Water Act as Exempting Water Transfers from NPDES Requirements by Charles R. Sensiba, Member, Van Ness Feldman, PC (Washington, DC) and Tomás E. Carbonell, Associate, Van Ness Feldman, PC (Washington, DC)

Yellowstone River Compact Decision: Montana v. Wyoming - Special Master Rules on Water Rights Issues and Denies Motion to Dismiss by David Moon, Editor

Water Briefs:
Regional U.S. Impacts of Global Climate Change: New Federal Report Provides Assessment of National & Regional Impacts
Water-Energy: National Symposium Upcoming
Mine Slurry Permit: Corps v. EPA Authority
Pecos River Agreement Settlement: Conditions Met
Reclamation Pumping in Central Valley (CA) - NOAA BiOp Finds Jeopardy and BiOp Appealed
Rainwater Collection in Colorado: New Laws Allow Pilot Project
SNOWBOWL Supreme Court Decision: Sewage Effluent Snowmaking Allowed
Environmental Flows Guidance Released - Texas (TCEQ)
Water Reuse: Reclamation Stimulus Projects
Conjunctive Use Decision in Idaho: Futile Calls and Seasonal Variability
ESA Recovery: NOAA Fisheries Biennial Report
Water Use Measure Adopted in New Mexico: New Standardized Method
Gulf “Dead Zone” - NOAA’s Dire Forecast
Navajo Nation Lauded: Environmental Protection and Leadership
Municipal Stormwater: Washington's Ecology Modifies Permits
Pesticide Restriction in California: EPA Settlement Proposal in SF Bay Area
Wastewater Treatment: Puget Sound Issues — Increased Stringency

TWR #64: June 15, 2009

In-Depth Articles:

Ground Water & Surface Water Conjunctive Management Contentions - Delivery Call Litigation in Idaho: Ground Water Users' Perspective by Randall C. Budge. Racine, Olson, Nye, Budge & Bailey (Pocatello, ID)

ASR & UIC Programs: Aquifer Storage Recovery & EPA's Underground Injection Control Program - Report from EPA's "ASR Experts" Meeting by Dr. Cat Shrier, Watercat Consulting LLC (Washington, DC)

Unquenchable: America’s Water Crisis and What to Do About It” - Interview with Author Robert Glennon, University of Arizona, Rogers College of Law
by David Moon, Editor

Water Briefs:
Klamath Settlement: Tribes/Irrigators Water Accord in Klamath Basin Adjudication
Instream Flow Tax Credit Incentive Passed in Colorado
“Groundwater" Official Water Term Adopted by USGS
Interstate Water Transfers: New Oklahoma Legislation
Watershed Central: EPA Website Launched
Urban Runoff Reuse: Climate Change Measure Proposed in California (Hearing June 17)

TWR #63: May 15, 2009

In-Depth Articles:

Ecomarket Approaches to Addressing Water Quality Obligations: Legal Overview and the Hells Canyon Test Case by Richard M. Glick and Raven Nocar, Davis Wright Tremaine LLP (Portland, OR)

Climate Change and Water Rights: Impact of Earlier Spring Snowmelt on Water Rights and Administration by Douglas Kenney, Roberta Klein, Chris Goemans, Christina Alvord, and Julie Shapiro (Western Water Assessment, University of Colorado, Boulder, CO)

Water and Energy Nexus: Site Scale Conservation Opportunities by Steve Moddemeyer, CollinsWoerman (Seattle, WA)

Coalbed Methane Decision: "Beneficial Use" and Well Permit Required - Ranchers' Senior Water Rights Protected by David Moon, Editor

Water Briefs:
SUPERFUND Liability: "Arranged for Disposal" and PRP(s) - Supreme Court Victory for Shell Oil
New Water Laws in New Mexico: Water Management and State Engineer's Authority
Coalbed Ammonia: Powder River Pollution
Sacramento River Fall Chinook Population: Study on Potential Causes of Decline
FIFRA Violations Settlement in Idaho: Herbicide Applications
Methylmercury Study: Seafood Contamination and Long-Range Ocean Transport
Mercury Advisory: Fish Consumption Limits in Arizona (TWR #63, Water Briefs: May 15, 2009)
Columbia Basin Project: “Artificially-Stored" Groundwater
Wetlands: US/Mexico Joint Treatment Project
Pesticides BiOp Issued by NMFS: Impacts on Salmon
Kalispel Tribe & Utility Settlement: Hydropower Relicensing
Water Treatment Supervisor Pleads Guilty to Falsifying Reports

TWR #62: April 15, 2009

In-Depth Articles:

Water Marketing in Texas: Selling or Leasing of Groundwater and Surface Water Rights by Edmond R. McCarthy, Jr., Jackson, Sjoberg, McCarthy & Wilson, L.L.P. (Austin, TX)

Conversion of Irrigation Rights to Municipal and Industrial Rights: New Legislation, Court Case and Transactions Affecting the Lower
Rio Grande by Glenn Jarvis. Attorney, (McAllen, TX)

Oregon Water Demand Forecasting: A Transparent & Flexible Tool for State Water Needs Assessment by Ronan Igloria, P.E. (HDR Engineering, Inc, Portland, OR) and Andrew Graham (HDR Engineering, Inc, Olympia, WA)

Water Briefs:
Groundwater Severance Invalid: Arizona Decision Regarding Future GW Use
DOE Fined by EPA for Cleanup Shutdown of Toxic Wastes Lawrence Livermore National Laboratory
World’s Major Rivers: An Introduction to International Water Law With Case Studies Book Released
Clean Water Act Enforcement: Illegal Discharge to Creek and Wetlands Results in Compliance Order in Wyoming
Underground Storage Tanks: Pilot Inspections Program Begun by Navajo Nation EPA
Idaho Power Water Settlement: Swan Falls Agreement Reaffirmed
Water Trust Merger: Oregon Trout and the Oregon Water Trust Become The Freshwater Trust
Carbon Sequestration Injection Project in Arizona: West Coast Regional Carbon Sequestration Partnership
Flame Retardants: NOAA Report Notes Concerns
Groundwater Report: Down to the Last Drop - Texas Report from the Environmental Defense Fund
Lake Roosevelt Incremental Storage Release Project - Draft EA Released by Reclamation

TWR #61: March 15, 2009

In-Depth Articles:

Pecos River Compact Compliance: New Mexico's Compliance Program Meets With Success by James C. Brockmann, Stein & Brockmann, P.A. (Santa Fe, NM)

Water Planning & Uncertainty: Colorado Perspectives - An Update From the Colorado Water Congress' Annual Meeting by Dr. Cat Shrier, Watercat Consulting (Washington, D.C.)

Stimulus Bill Infrastructure Funds: Energy, Transportation & Water Projects by Svend Brandt-Erichsen, Marten Law Group (Seattle, WA)

Water Briefs:

American Recovery & Reinvestment Act of 2009: Federal Water & Environment Funding
Response to Drought in California: Federal Drought Action Team
Water Court Rules Revised in Colorado: Expert Witness Rules
Wetlands Enforcement in Idaho: Restoration Ordered by EPA
Enzyme Bioremediation: Funding Awarded for Research by Texas Company
Columbia River BiOp: Fed Plan for Hydropower System Argue ESA Requirements
Impaired Water List: EPA Decision on Nebraska's List
Water Quality Data: Monitoring & Assessment Recommendations in California
Instream Flow Book: Case Studies of Riverine Management
SUPERFUND Cleanup: Groundwater & Soil Cleanup in California
Rainwater Harvesting: Conservation Publication Released in New Mexico
Adverse Possession, Abandonment & Beneficial Use: Colorado Supreme Court Decision

TWR #60: February 15, 2009

In-Depth Articles:

Habitat Protection & Water Rights: Balancing Stream Habitat with New Water Rights Issuance — Washington State's Watershed Management Program by Andrew Graham, HDR Engineering (Olympia, WA)

Clean Water Act Citizen Suits - The Plaintiff's Perspective: Liability is "Strict" — What's Left to Discuss? by Michael Chappell, Attorney at Law (Spokane, Washington)

Ground Water Availability & The No Injury Rule: Domestic Well Owners Protected in Colorado by David Moon, Editor

Aquifer Recharge and Recovery: Assessing Potential in the Umatilla Basin by Said Amali, Ph.D., PE, IRZ Consulting LLC (Hermiston, Oregon)

Water Briefs:
Peripheral Canal Push in California: Governor's Panel and TNC Report
Tribal Appeal of Snowbowl Litigation Filed in the US Supreme Court
Final Sediment Evaluation Framework (SEF) for the Pacific Northwest: CORPS’ Draft Framework Comment Period
Hydro Project Settlement: Tacoma Power & Skokomish Tribal Nation Reach Detailed Agreement
Climate Change and Water Resources Management: A Federal Perspective Report Released by Federal Agencies
Inventory of Potential Below Ground Storage Sites Report Released by Oregon Water Resources Department
Groundwater Wells Exempt Use Report Released by Oregon Water Resources Department
Klamath "Takings" Case: Compensation Questions to be decided by Oregon Supreme Court
Instream Agreement Signed for Black Canyon of the Gunnison (National Park)
Pitkin County Instream Water Rights Agreement: Colorado Water Trust and Colorado Water Conservation Board Effort
NOAA’s Climate Prediction Center: La Niña and El Niño Alerts
Municipal Stormwater in Washington: Low Impact Development Permit Requirements
Dams & Temperature MOU Addresses Spokane River Hydro Issues for Washington, Idaho and Coeur d’Alene Tribe
NPDES Ruling: US Supreme Court Denies Appeal in Friends of Pinto Creek v. EPA

TWR #59: January 15, 2009

In-Depth Articles:

Groundwater Replenishment & Water Reuse: Orange County California's Water Purification and Reuse Project by Michael R. Markus, P.E., General Manager - Orange County Water District (Fountain Valley, CA)

Stream Access Decision: When Is a Stream a Stream, Water Natural, and Property Private? by Jack R. Tuholske, Vermont Law School

California Water Supply: Challenges and Solutions by Dr. Cat Shrier, Watercat Consulting (Washington, DC)

Water Reuse & Supply Sustainability: WateReuse Association and International Water Association by Dr. Cat Shrier, Watercat Consulting (Washington, DC)

New Stormwater Regulations: EPA Proposes Rule for New Effluent Limitations - Guidelines for Construction and Development by Jason Ziemer, Z Environmental Services (Seattle, WA)

Water Reuse to meet Future Water Supply Needs: NAS Study Begins by Dr. Cat Shrier, Watercat Consulting (Washington, DC)

Aquatic Pesticides: Sixth Circuit Strikes EPA Aquatic Pesticide Rule by J. Mark Morford, Stoel Rives (Portland, OR)

Water Briefs:
Groundwater and Water Availability: Colorado Decision on Exempt Wells and the No Injury Rule
Perchlorate Regulations: New Mexico's Head of Environment Dept. Urges EPA to Provide Drinking Water Protection
Landowner's Guide to Washington Water Rights Released by Washington Rivers Conservancy
Efficient Water Management Survey Released by the Agricultural Water Management Council of California
“The Endangered Species Act and the Conflict Between Science and Policy” Inspector General's Report
Nonpoint Source Pollution Control Web Reference Guide Released by SWRCB
Yakima River Basin Water Storage Feasibility Study EIS: Black Rock Dam Economically Unjustifiable

TWR #58: December 15, 2008

In-Depth Articles:

Resolving ESA-Water Conflicts: The Edwards Aquifer Recovery Implementation Program by Robert L. Gulley, Edwards Aquifer Recovery Implementation Program (San Antonio, TX) and Todd H. Votteler, Guadalupe-Blanco River Authority (Sequin, TX)

Agricultural Water to Municipal Use: The Legal and Institutional Context for Voluntary Transactions in Arizona by Susanna Eden (Water Resources Research Center, The University of Arizona), Robert Glennon (Rogers College of Law, The University of Arizona), Alan Ker (Department of Agricultural and Resource Economics, The University of Arizona), Gary Libecap (Bren School of Environmental Science and Management and Department of Economics, University of California, Santa Barbara), Sharon Megdal (Water Resources Research Center, The University of Arizona), and Taylor Shipman (Errol L. Montgomery & Associates, Tucson, AZ)

Columbia River Toxics: EPA’s Columbia River Basin State of the River Report for Toxics by Mary Lou Soscia and Kim Johnson, US Environmental Protection Agency Region 10 (Portland, OR)

Hydroelectric Relicensing and Tribal Religious Claims: FERC’s Increase of Minimum Flows Upheld by David C. Moon, Editor

Water Briefs:
Klamath River: Pacificorp Agreement in Principle Reached for Dams Removal
Wetlands Revised Guidance: Clean Water Act Scope and Jurisdiction
Interstate Water Ruling: Texas Water Users' Lawsuit Against Oklahoma to Continue
Puget Sound Cleanup Plan Adopted: Action Agenda
Fish Habitat: NOAA Mapping Tool Online
NOAA Biological Opinion on Pesticides: Salmon Jeopardy
Erosion Best Management Practices for Construction: EPA Seeks Comments
Groundwater Recharge Upheld in Arizona: "Takings" and Tort Claims Denied
Pharmaceutical Waste: EPA Proposal to Add to Universal Waste Rule
Hanford Contamination Lawsuit: Washington Sues DOE Over Cleanup Failure
Water Efficiency Library: Comprehensive Resource Launched

TWR #57: November 15, 2008

In-Depth Articles:

Montana v. Wyoming: U.S. Supreme Court to Hear Yellowstone Compact Case by Karen Budd-Falen, Budd-Falen Law Offices (Cheyenne, WY)

CERCLA-NRDA Restoration: Ecocredits/Liability Coverage for Duwamish River Sites by Scott Lockert, Vice President, Bluefield Holdings, Inc. (Seattle, WA)

Selling Water Rights by Live Auction: Solving the Pricing Dilemma by Paul Thomas, Northwest Auctions (Seattle, WA)

EPA Clean Water Act Regulations: Ninth Circuit Affirms District Court Mandate that EPA Issue Construction Industry Guidelines & Standards by John Iani and Athena Kennedy, Van Ness Feldman (Seattle)

Endangered Species Act & Takings: Fifth Amendment Decision by David Moon, Editor

Water Briefs:
Wetlands Violation & Agreement in North Dakota: Unauthorized Dredge & Fill
CAFO Requirements: EPA Rule Finalized
California Environmental Enforcement: NRDC Report on Oversight
Clean Water Act Enforcement: Criminal Sentencing
Groundwater/Surface Water Decision in Nebraska: DNR Authority Upheld Regarding Hydraulic Connection
NPDES Permits Program Approved by EPA in Alaska
Bureau of Reclamation Grants: "Water for America" Challenge
Municipal & Instream Water Right Withdrawal Exchange in Washington
Clean Water Act Violations in Arizona: Santa Cruz River Illegal Filling Results in $1.25 Million Penalty
Water Legislation Options Identified in California: California Legislative Analyst’s Office (LAO) Report
WATERSENSE State Challenge Won by Arizona Department of Water Resources
NOAA Arctic Report Reveals Greater Warming & Domino Effect
EPA’s “National Water Program Strategy: Response to Climate Change” Released
California DWR Report: “Managing an Uncertain Future: Climate Change Adaptation Strategies for California’s Water”
Petroleum Brownfields: EPA Revitalization Plan
Groundwater Recharge Funding Approved by Idaho Water Board

TWR #56: October 15, 2008

In-Depth Articles:

Water Management Alternatives: Incorporating "New" Water Management Methods at a Watershed Scale by Cat Shrier, Ph.D., P.G., Watercat Consulting LLC (Washington, D.C.)

Streamflows in the Rocky Mountain West: Strategies to Protect and Restore "Environmental Flows" by Lawrence J. MacDonnell, Attorney and Consultant (Boulder, CO)

Climate Change and Water: IPCC Technical Paper VI by David Moon, Editor

Water Briefs:
2009 Drought Water Bank in California: CDWR Facilitates Exchanges
Clean Water Act: Largest Fine Ever in Stormwater Criminal Misdemeanor Action ($13 million)
NMFS Biological Opinion on FEMA Flood Insurance Program: Puget Sound ESA Jeopardy Findings
Wetlands Penalty Agreement in South Dakota: Illegal Fill Results in Clean Water Act Violations
Shoshone-Bannock Tribes Join Agreements in Columbia River Basin (Litigation Continues)
CAFO Cease and Desist in Texas: Clean Water Act Violations
Clean Water Act Violations in Arizona: $1.25 Million Penalty
New Stormwater Multi-Sector General Permit Issued by EPA

TWR #55: September 15, 2008

In-Depth Articles:

Storm Water Regulation Update: Rough Waters In California by Wendy L. Manley of Wendel, Rosen, Black & Dean (Oakland, CA)

Portland's Stormwater Marketplace by Dan Vizzini, City of Portland Bureau of Environmental Services (Portland, OR)

Tribes & Effluent Snowmaking Case: Religious Claims Rejected - “Substantial Burden" Key Requirement by David Moon, Editor

Water Briefs:
Tribal Settlement Bill: Groundwater Basin Recharge in California
Truckee River Operating Agreement Signed (Nevada & California Impacts)
Stormwater Consent Decree: $1 Million Civil Fine for Landfill Violations
Leaded Wheel Weights Phase-Out: Lawsuit Settlement Under Safe Drinking Water Act
Aquifer Protection Permits Announced for Mining in Arizona: Groundwater Quality Protection
NPDES Fees: EPA Incentives Program
Shoshone Bannocks Tribes Obtain "Treatment as State" Approval Under Clean Water Act
"Recovery Crediting System” Guidance Developed by USFWS for Endangered Species
Water Use Inventory Released by New Mexico
Kansas' Revised State Water Quality Standards Approved by EPA
EPA “eDISCLOSURE” Pilot Project: Self-Disclosure of Environmental Violations
CAFO Violations Lead to EPA Enforcement Actions in Texas
Fish Passage on Deschutes River Dam in Oregon ($108 Million Underwater Tower)

TWR #54: August 15, 2008

In-Depth Articles:

Groundwater Availability Modeling: The Texas Experience by Van Kelley, PG (INTERA, Inc; Austin, TX), Robert Mace, PG (Texas Water Development Board; Austin, TX), and Neil Deeds, PE (INTERA, Inc; Austin, TX)

Clean Water Act Copper Limits to Protect Salmon: NPDES Permit Developments for Puget Sound, Washington by John Palmer, Senior Endangered Species Act & Clean Water Act Policy Advisor, US Environmental Protection Agency, Region 10 (Seattle, WA)

Water Rights Ownership Decision: Trust Relationship Between Irrigation Districts and Water Users by David C. Moon, Editor

Aquifer Recharge and Storage: Ongoing Implementation Concerns by Peter G. Scott, Gough Shanahan Johnson & Waterman (Helena, MT)

Water Briefs:
Pesticides Evaluation: NMFS Settlement Agreement & Draft Jeopardy Findings
Alaskan NPDES Authority Sought
Water Needs and Strategies for a Sustainable Future: Next Steps: Western Governor's Report
Battle Creek Salmon & Steelhead Restoration Project Funded by Bureau of Reclamation
Pharmaceuticals & Water Quality: EPA Information Collection Request
Domestic Wells in New Mexico: Senior Water Rights Protected in Court Decision
Stream Analysis Survey: EPA Grant for Texas Commission on Environmental Quality
EPA “Clean Start” New Owner Policy: Interim Policy for Reduced Penalties (Self-Audit)
Peripheral Canal Reports Released: Delta Vision & PPIC
Ground-Water Availability in the United States: USGS Circular 1323 Released
Ballast Water Discharges & Invasive Species: Decision Requires Clean Water Act NPDES Permits
Clean Water Act & Rivers & Harbors Act Jurisdictional Determinations: Corps Guidance Issued
Criminal Prosecution of Clean Water Act Failure to Report

TWR #53: July 15, 2008

In-Depth Articles:

The Peripheral Canal: San Francisco Bay - Delta Estuary Proposals by Dante Nomellini (Nomellini, Grilli & McDaniel: Stockton, CA)

Washington State's Municipal Water Law: Landmark Law Partially Invalidated in Trial Court Decision by Jeff B. Kray, Marten Law Group PLLC (Seattle, WA)

Phytotreatment of Stormwater: Phytotreatment Findings Betoken a Promising Future by Anne MacDonald (Portland, OR), David Dods (Overland Park, KS), Kathi Futornick (Portland, OR) and Ari M. Ferro (Morrisville, NC) - all of URS Corporation

Water Briefs:
Idaho Water Law Clarification
Mississippi River Nutrients: Gulf Dead Zone
Drought Actions in California: Water Transfers and Exchanges
Rainwater Permit Rules in Washington
Stormwater Permits Electronic Filing System Updated by EPA
Coalbed Methane Water Case Dismissed and Appealed in Wyoming
Seven Rivers Pipeline and Augmentation Wells in New Mexico (Pecos River Settlement)
Water Quality Ruling on Authority of California & FERC (Klamath Dams)
FERC Water Quality Permit (401 Certification) for Spokane River (WA)
Stormwater Fines - HIghway Construction Company in Arizona

TWR #52: June 15, 2008

In-Depth Articles:

Water Quality Thermal Credit Trading: Methods for Quantifying Thermal Credits for Water Quality Trading by Tom Dupuis (Boise, ID), Jason Smesrud, and Dawn Wirz, CH2M HILL, and David Primozich, Willamette Partnership (Portland, OR)

Tribal "Treatment As State" - Oklahoma Tribes Face Special "Treatment" by David Moon and David Light, Editors

Anti-Speculation Article Response - Mesa Water LLP

Idaho Water Law: Update from Coeur d'Alene Conference by David Moon, Editor

Water Briefs:
Wetlands Delineation: New Corps Guidance
Environmental Indicators: EPA 2008 Report on the Environment
Water Quality Data: Real-Time Info on USGS Websites
Water Transfers: Permit Not Needed Under New EPA Rule
Water Source Partnership: City of Olympia and Nisqually Tribe MOA
Groundwater Supply: ASR Pilot Projects in Oklahoma Pass Legislature
Salmon Protection in Northwest: Columbia/Snake River Latest BiOps Released
Climate Change & Agriculture Use: USDA Report
TCE Settlement with $500,000 Penalty: Drinking Water in Arizona
Water Quality Standards Settlement in Oregon: Toxics & ESA Protection
Stormwater Construction General Permit: EPA Proposal

TWR #51: May 15, 2008

In-Depth Articles:

Indian Water Rights: The Era of Settlements by Jeanne S. Whiteing, Whiteing & Smith (Boulder, CO)

Multi-Use Reservoir Analysis: Rio Grande Reservoir by Matthew Bliss, CDM, Inc. (Denver, CO)

Water Reuse Planning - Graphical Tools to Clarify Decisions: A Water Reuse Case Study by John Scott Thomas, Ph.D., Senior Scientist, Stetson Engineers, Inc. (Diamondhead, MS)

Water Briefs:
Healthy Rivers Act: Instream Flows in Colorado
CALFED Grants for Urban & Agriculture Efficiency
Delta Smelt Endangered Species Act Ruling
Mine Restoration & Dam Removal in Montana
Tribal Contamination: Risk-Assessment Guidance Manual Released
Water Quality Assurance Revolving Fund in Arizona: Wastewater Treatment Grant
Columbia Basin Fish Accords Signed
Cooling Water Intake Rule - Supreme Court to Review
Southeast Water Sharing Plan Proposed by Reclamation
Ski Area Oil Spill: EPA Penalty Settlement in Washington
Small Water Systems: EPA Management Tool
Brownfield Project for Groundwater Cleanup: EPA Agreement
Wetlands Enforcement: Clean Water Act Settlement in Idaho

TWR #50: April 15, 2008

In-Depth Articles:

Anti-Speculation and Water Law: Ghost-Busting, Trust-Busting, or Ensuring Beneficial Use? by Sandra Zellmer, University of Nebraska-College of Law (Lincoln, NE)

Forest Service Legacy Roads: New Remediation Initiative Renews Focus by Mary Scurlock, Pacific Rivers Council (Portland, OR) and Gina Ottoboni, Washington Watershed Restoration Initiative (Seattle, WA)

Rio Grande Settlement Reached -- Historic Agreement Between New Mexican and Texan Irrigation Districts: Dispute Over Interstate Surface and Groundwater Resolved by David C. Moon, Editor

Water Briefs:

Reservoir Permits in Washington: Inventory of Small Dams and Dam Safety Compliance
Water Quality Section 401 Certification: Avista Dams and FERC Relicensing
"Takings" Appeal: Ownership of Water Rights Issues Certified to Oregon Supreme Court
California State Water Project Water Deliveries: Snowpack Normal But Deliveries Bottlenecked by Delta Smelt Order
ADEQ Drinking Water Fine for TCE Contamination and Water Quality Violations
Reclamation Study: Groundwater Use Substitution With Surface Water (Columbia Basin Project)
Effluent Discharges From Refinery: Clean Water Act $1.2 Million Penalty in Texas
Groundwater & Surface Water Interactions Model Released by USGS (GSFLOW)
California SWRCB Seeks Comments on Draft Baseline Enforcement Report
Wetlands Compensatory Mitigation Rule Released by Corps of Engineers (Unavoidable Impacts)
EPA Reversal on 303(d) Listing: Klamath River Decision
Brownfields Grants Announced by EPA: $74 Million
National Water Program Strategy: Response to Climate Change - EPA Seeks Comment to Draft

TWR #49: March 15, 2008

In-Depth Articles:

Klamath Basin Restoration Agreement: A Convergence of Opportunity by Paul Simmons (Somach, Simmons & Dunn - Sacramento, CA)

Willamette River Basin Fish Restoration - “Stepping Stones”: Supporting Prioritized Restoration and Investment in Multiple Ecosystem Services by principal authors David W. Hulse (Institute for a Sustainable Environment, University of Oregon) and Stanley V. Gregory (Department of Fisheries and Wildlife, Oregon State University)

Texas Water Law: An Update on Recent Legislation and Case Law by Deborah Clarke Trejo and Tina Alvarado Arnold of Kemp Smith, LLP (Austin, TX)

State Coalbed Methane Standards: EPA Approves Montana Standards - Interstate Dispute Affected by David C. Moon, Editor

Water Briefs:
Republican River Litigation Expected by Kansas Attorney General
Georgia Water Battle: Corps Authorization Decision
California Water Plan Workshops Scheduled
Stream Barriers: $600,000 in Grants Available Through "Open Rivers Initiative"
Home Depot Settles Stormwater Case for $1.3 Million
New Mexico Legislation Provides Flexibility to Purchase and Sever Water Rights from Land (Pecos Compact)
Drinking Water Contaminant Candidate List Comments Sought
CAFO Options Proposed by EPA

TWR #48: February 15, 2008

In-Depth Articles:

New Western Water Agenda: Opportunities for Action in an Era of Growth and Climate Change by Lawrence J. MacDonnell, Attorney (Boulder, CO) and Denise D. Fort, University of New Mexico (Albuquerque, NM)

Water Resources Supply: Groundwater Decision Support System Development by David Jordan, Cynthia Ardito and Van Kelley (Intera, Inc. in Albuquerque, NM and Austin, Texas)

Urban & Rural Water Supplies: Colorado Research Pursues Win-Win Scenario by Bruce A. Lytle (Lytle Water Solutions, LLC;, Neil Hansen (Colorado State University), Frank P. Jaeger and Jim Nikkel (Parker Water & Sanitation District)

Water Briefs:

Klamath Settlement: Dams Removal Sought
Interstate Compact Lawsuit: US Brief Filed in Montana and Wyoming Water Right Conflict
Conjunctive Use - Idaho Decision on "Call" of Water
Tribal Water Sale: Tribes, Reclamation & Washington Partnership
Stormwater Plan: EPA Guide for Construction Sites
Drinking Water Cleanup (Sulfate): Arizona Dept. of Environmental Quality
Water Quality Grant to Inter-Tribal Environmental Council
Transboundary Water Quality: Supreme Court Denies Canadian Petition
Water Infrastructure: EPA Needs Assessment
Groundwater Mitigation Report in Oregon's Deschutes Basin
Agriculture Compliance Assistance Center Web Portal
Lower Platte River Decision on Water Availability
Groundwater Conservation Guide Released
California Water Plan Update 2009 Comments Sought
Superfund Settlement: $187 Million River Cleanup
Puget Sound Pollution Grants for Stormwater Projects and Water Reuse

TWR #47: January 15, 2008

In-Depth Articles:

Hydropower and Fish - Northwest Challenge: Keeping Fish and Clean Hydro by F. Lorraine Bodi and Dulcy Mahar, Bonneville Power Administration (Portland, Oregon)

Clean Water Act Jurisdiction: Army Corps Jurisdictional Wetlands Determinations by Douglas W. MacDougal, Schwabe, Williamson & Wyatt, P.C. (Portland, Oregon)

TMDL Challenges in Development and Implementation by David L. Clark (Boise, Idaho), Jory Oppenheimer (Bellevue, Washington), and Michael Kasch (Boise, Idaho) of HDR Engineering, Inc.

Water Briefs:
Colorado River Record of Decision Signed - Agreement on Shortage Criteria and Innovative Strategies
Delta Smelt Order in California and Water Supply Impacts
Wetlands Restoration: Irrigation District Purchases Land for Delta Smelt and Other Species Recovery
Stormwater Solutions Report from Oregon
EPA Stormwater Report: Low Impact Development (LID)
FERC Hydropower Relicensing: First Integrated Licensing Process (ILP) License Issued
Columbia River Power System Draft BiOp: Judge Expresses Doubts
Watershed Planning in the Wenatchee River Basin: Ecology Adopts Rules on Instream Flows & Water Management

TWR #46: December 15, 2007

In-Depth Articles:

Wastewater Treatment - Benefits of Moving Beyond Minimum Requirements: King County Washington's Brightwater Project by Stan Hummel, King County Wastewater Treatment Division (Woodinville, Washington)

Irrigation System Efficiency: Emerging Technologies by Mac McKee, Director, Utah Water Research Laboratory, and Professor, Civil and Environmental Engineering, Utah State University (Logan, Utah)

Impaired Waters and Permitting: Implications of the Pinto Creek Decision by Jeremy N. Jungreis, Nossaman Guthner Knox & Elliott, LLP (Orange County, CA)

Water Briefs:

Errata/Addition: Hydropower & Water Quality Article (TWR #45)
Tribal Groundwater Rights: Lummi Nation Settlement in Washington
California Water Market: Metropolitan Water District Authorizes Water Rights Purchases
Exempt Wells in Washington: Interim Management Limitations and Groundwater Study
Climate Change: Final IPCC Report Released (Summary to Policymakers)
Water Cabinet Created in New Mexico
Effluent Water Auction in Arizona ($67 Million Sale)
Interstate Water Quality Litigation: Surface and Groundwater Contamination Alleged (OK/AR)
Klamath River Basin: National Research Council Report Released

TWR #45: November 15, 2007

In-Depth Articles:

Global Warming & Environmental Law: Climate Change and the ESA by Melanie J. Rowland, NOAA Office of General Counsel, Northwest Region (Seattle, WA)

International Stormwater BMP Database Update by Eric Strecker, GeoSyntec Consultants (Portland, OR), Jane Clary, Wright Water Engineers, Inc. (Denver, CO), Marcus Quigley, GeoSyntec Consultants (Acton, MA) and Jonathan Jones, Wright Water Engineers, Inc. (Denver, CO)

Contaminated Sediments Update: Conference Links Law, Science & Public Policy by Heather Brunelle and Cindy Ryals, Kennedy/Jenks Consultants (Portland, OR)

Water Quality Standards & Hydropower Dams: Finding Concrete Solutions by Rebecca Sherman, Hydropower Reform Coalition, (Seattle, WA), Brett Swift, American Rivers (Seattle, WA) and Rick Eichstaedt, Center for Justice, (Seattle, WA)

Nutrient Numeric Endpoint Development (Brief Reply to Response of Dr. Jonathan Butcher and Ms. Cynthia Gorham Test) by Jeremy N. Jungreis, Guthner Know & Elliott, LLP (San Diego, CA) and Dr. Scott Thomas, Stetson Engineers, Inc. (Diamondhead, MS)

Water Briefs:

Anti-Speculation Doctrine: Water Supply Planning Decision in Colorado
Coalbed Methane: Montana's Anti-Degradation & Numeric Standards
Superfund Success: Restoration Project in Montana
Superfund Settlement: Groundwater Contamination in California
Discharges Ruling: NPDES Prohibition on Impaired Waterways

TWR #44: October 15, 2007

In-Depth Articles:

Municipal Water Law: Washington's Landmark Law Faces Challenges by Jeff B. Kray, Marten Law Group PLLC (Seattle, WA)

Utah Nonpoint Source Grant Program: Why Is It Needed? - How Will It Work? by Shelly Quick, Utah Division of Water Quality

Western States Water Update: Western States Water Council Meets in Montana by David C. Moon, Editor

Water Briefs:

Errata - TWR #38 "Water Conservation Initiatives"
New Perchlorate Rule in California: Maximum Contaminant Level
Groundwater Account in Kansas: Flexible Term Permits
Toxic Discharges Criminal Fine by EPA in Texas
EPA Tribal Center: Compliance Assistance for Environmental Professionals
Biological Treatment of Groundwater and Soil Contamination in California
Stormwater and Wastewater Fines Levied on Boeing (California)
US Held as Potentially Responsible Party under CERCLA on Tribal Trust Land

TWR #43: September 15, 2007

In-Depth Articles:

Water and Western Growth by Dan Tarlock, Chicago–Kent College of Law (Illinois Institute of Technology) and Sarah Bates Van de Wetering, Public Policy Research Institute (University of Montana)

Instream Flow Restoration: Cooperative, Free-Market Solutions in Oregon by Fritz Paulus, Executive Director of Oregon Water Trust (Portland, OR)

Response to “Nutrient Numeric Endpoints: Not Quite Ready for Prime Time?” (Jungreis & Thomas, TWR #42) by Dr. Jonathan Butcher, Tetra Tech, Inc. and Cynthia Gorham-Test, San Diego Regional Water Quality Control Board

Water Briefs:

Tribal Treaty Rights: Fish Passage Duty Decision by US District Court in Washington
Toxic Discharges from Dams: Clean Water Act & Nuisance Lawsuits (Klamath River)
Watershed-Based NPDES Permitting Technical Guidance Issued by EPA
Pipeline Releases Ammonia: Criminal CWA Penalty of $1 Million
Open Rivers Initiative: NOAA Funding Available
Coalbed Methane: Water Right Permits Required in Colorado
Hatchery Fish/Wild Fish Ruling: ESA Listings Valid
Water Quality Trading Toolkit Released by EPA

TWR #42: August 15, 2007

In-Depth Articles:

Interstate Water Allocation by Christopher H. Meyer, Givens Pursley LLP (Boise, Idaho)

Nutrient Numeric Endpoints: Not Quite Ready for Prime Time? by Jeremy N. Jungreis (Nossaman, Guthner, Knox and Elliott; Orange County, CA) and Scott Thomas (Stetson Engineers, Inc.; Diamondhead, MS)

"Post-Appropriation" Water Management: Colorado's Water for the 21st Century Act by George Sibley (Gunnison, CO)

Water Briefs:

Groundwater Decision in California: Oil Wastewater Pollution
Colorado River Shortages: Reclamation Preferred Alternative
Tribal Water Quality: EPA Portal Website
CAFO Compliance: EPA Deadlines Extended
Migrating Plume in Arizona: EPA Groundwater Order
California 303(d) List: EPA Final Decision
Chinatown Revisited: Owens River Instream Flow Agreement
TMDL Options: EPA Draft Technical Document
Anti-Degradation Rule in New Mexico: Amendments for Restoration

TWR #41: July 15, 2007

In-Depth Articles:

Supreme Court Limits ESA: National Homebuilders v. Defenders of Wildlife by Richard M. Glick and Lindsay Eyler, Davis Wright Tremaine LLP (Portland, OR)  

Water Delivery — Canals, Ditches and Pipelines: The Law of Easements in Idaho, Oregon and Washington by David E. Filippi (Portland, OR), Michael O’Connell (Seattle, WA) and Kevin Beaton (Boise, ID) (Stoel Rives LLP) 

Groundwater in Texas: Marketability and Market Value by Bruce K. Darling, Ph.D. (Austin, TX)

Water Briefs:

Global Warming: Columbia Basin Impacts
EPA Municipal Stormwater Programs: GAO Report
Studies Find Persistent Toxics in Water (Washington)
Wetlands Policy: Corps/EPA Guidance Issued
Transboundary CERCLA Case: Supreme Court Requests Federal Brief
Safe Drinking Water Violations: $1 Million Penalty for Refinery
Groundwater Regulations: Idaho DWR Orders Curtailment
City/EPA Settlement for Wastewater Treatment Violations (CWA)
Water Storage Purchase by State of Colorado for Fishing & Recreation
New Dam Study for Off-Channel Storage by Ecology & Reclamation
Good Samaritan Settlement Agreements: CERCLA Tool for Mine Cleanup
Perchlorate Battle Continues With NASA in California

TWR #40: June 15, 2007

In-Depth Articles:

Idaho Conjunctive Use: Idaho Supreme Court Upholds Conjunctive Water Rights Administration Rules by Jeff Fereday (Givens Pursley LLP)

Columbia River Hydrosystem BiOp: 9th Circuit Upholds Rejection of 2004 BiOp by Mark L. Stermitz (Christensen, Glaser, Fink, Jacobs, Weil & Shapiro, LLP)

Municipal Stormwater: An Overview of Current Regulation and Management by Misha Vakoc (Regional Stormwater Permit Coordinator USEPA)

Water Briefs:

Water Management Rules Upheld in New Mexico
Oil Spill Settlement in California
Instream Flow Reduction Approved for Drought Response
Hazardous Waste Injection Approved by EPA
Water Resources Cash Fund Created in Nebraska
CAFO Compliance Extension for EPA Proposal
Water Management Conservation Award to Deschutes River Conservancy
Water Utilities Performance Measures: EPA Support
Mine Tailings Discharge Violation Issued in Arizona
US Army Corps Dam Safety Report Issued for Wolf Creek Dam

TWR #39: May 15, 2007

In-Depth Articles:

Colorado River Agreement & Southern California Water by William Hasencamp, Metropolitan Water District of Southern California

Colorado River Basin Agreement (Editor's Addendum)

Mercury Reduction Programs: Overview of Several Western States by Katherine Futornick and Gary Bigham (Exponent, Inc.)

Tribal Water Rights Decision: Unquantified Reserved Rights & State Regulation by David Moon, Editor

Wood Waste & Water: Washington State's New Wood Waste Cleanup Push by Steven J. Thiele, Douglas J. Steding & Christopher R. Hermann (Stoel Rives)

CERCLA Liability: Ninth Circuit Accepts "Divisible Harm" as a Defense by Brien J. Flanagan and Carson Bowler (Schwabe, Williamson & Wyatt)

Water Briefs:

Klamath Basin "Takings" Decision, Minimum Flows Decision & USGS Groundwater Report
Groundwater Cleanup in New Mexico - PCE Plume & Bioremediation Pilot Project
Groundwater Rights in Nevada: State Engineer Approval of SNWA Applications
Water Contaminants: Safe Drinking Water List - EPA's Preliminary Determinations
Elwha River Dam Removal: CWA Permit Issued
Watershed Planning: EPA Web-Based Tool
Blackfeet Water Rights Compact: Montana Compact Commission Approval
Nonpoint Source 2006 Management Report Released in New Mexico
Tribal Assistance Program for Wastewater Funding (EPA's Clean Water Set-Aside Grants)
Water Quality Modeling Tool: EPA Releases New Version

TWR #38: April 15, 2007

In-Depth Articles:

Water Conservation Initiatives - Western States Take Action by Craig Bell, Western States Water Council

Texas Groundwater - Rule of Capture and Groundwater Management in Texas: Part I by Bruce K. Darling, Ph.D., P.G.LBG-Guyton Associates

California Water Rights Fees: Regulations Overturned by Kristin Castaños, Somach, Simmons & Dunn

Water Briefs:

ESA "Takings" Case: Water Required for Fish Ladder in California
Groundwater Report: Conjunctive Use in the West
USGS Mississippi River Report: Streamflows and Nutrient Delivery
Clean Water Act Violation: Negotiated Settlement in Alaska
Tribal Religious Issue: Sewage Effluent Rejected for Snowmaking in Arizona
Clean Water Act Mercury Listing - EPA Guidance
Wetlands Permits - Corps of Engineers Revises Nationwide Permits
Montana v. Wyoming: Interstate Compact Battle Over Water Rights
Superfund Liabilities and Liability Apportionment Decision by 9th Circuit

TWR #37: March 15, 2007

In-Depth Articles:

ESA & CWA: Endangered Species Act Influences on EPA's Clean Water Act Programs (The      Washington State Example) by John Palmer

Aging Dams and Mitigation Credits: Converting Fixed Liabilities Into Liquid Assets by James G.      Workman

Corps Dredging Regulation: District Court Strikes Down Tulloch II Dredging Rule by Steve      Richardson and Sam Kalen

ESA Incidental Take Statements by Matt Love and Sam Kalen

Water Briefs:

FERC: New Technologies (Wave, Current & Instream Projects)
Transfer of Water Rights Standard: "No Injury Rule" and Water Quality Impacts
Stormwater Settlement (Failure to Obtain and Failure to Follow Provisions)
Irrigation 2005 Grant for Water Conservation
Municipal Wastewater: Phosphorus Reduction & Permits
Brownfields Incentives From Expanded Tax Relief
CERCLA Test: "Substantial Continuity" and Successor Liability Ruling
Superfund Cleanup Deadline: Stipulated Penalty of $358,000
Laws of the Rivers: Compendium for Major Interstate Rivers
Transboundary Pollution - 9th Circuit Order Appealed
Clean Water Act Authority Approved for Pyramid Lake Paiute Tribe

TWR #36: February 15, 2007

In-Depth Articles:

Colorado and Western Water Law: A Continuing Alchemy by Justice Greg Hobbs

Water Transfers and the Clean Water Act by Rick Glick

Santa Fe Water Resources and Policy: Evolving "Wet Growth Regulations" by Kyle Harwood

Water Briefs:

Interstate Conflict: Oklahoma Water Sale Ban
New Stormwater Regulations in Washington
Watershed Management EPA Grant for New Mexico
BPA Closing of Fish Passage Center Rejected by 9th Circuit
Mercury Study of Rivers in West Released (EPA & OSU)
Water Conservation: Bush's 2% Solution
Water Rights Fees Overturned in California Court Decision
Klamath Dams - Agency Fish Passage Mandates Finalized
Interstate Compact Lawsuit: Montana v. Wyoming

TWR #35: January 15, 2007

In-Depth Articles:

Untapping Tribal Waters: Tribal Water Marketing Expanding by Clay J. Landry and Christina Quinn, WestWater Research LLC (Vancouver, WA)

NPDES Permits & Water Transfers: Post-Miccosukee Court in Florida Finds NPDES Permit Necessary by Richard M. Glick, Davis Wright Tremaine LLP (Portland, OR)

Tribal Water Rights - Conference Covers Settlement, Commodification and Other Issues by Harold Shepherd, Center for Tribal Advocacy (Clifton, CO)

NPDES Requirements & Pesticides: EPA's Final Rule Exempts Certain Applications by Beth S. Ginsberg (Stoel Rives LLP, Seattle, WA) and J. Mark Morford (Stoel Rives LLP, Portland, OR)

Water Briefs:

New Reservoir Approved for Colorado River Water (Bureau of Reclamation)
Ground Water and Surface Water Regulation: Colorado Decision
Water Use Efficiency - Reclamation Report for California
Perchlorate Legislation Introduced
Clean Water Act Settlement: Wetlands Preservation & Enhancement
Klamath Water Market & Study (Bureau of Reclamation)
Dairy Water Quality: Management & Technology Publication
Water Quality Data Warehouse: USGS Program for Data and Mapping
Puget Sound Initiative in Washington: Proposals & Cleanup
Drinking Water: Unregulated Contaminants Monitored for Study
Wetland Nutrients: Draft EPA Water Quality Standards Guidance
Bonneville Power Administration Land Acquisition With Tribal Ownership

TWR #34: December 15, 2006

In-Depth Articles:

Klamath: The Forgotten Basin? by Glen Spain, Institute for Fisheries Resources (Eugene, OR)

State NPDES Programs & ESA Consultation: Federal District Court Rejects Argument that ESA Consultation is Required by J. Mark Morford (Stoel Rives LLP, Portland, OR) and Beth S. Ginsberg, (Stoel Rives LLP, Seattle, WA)

Climate & Water Pricing: Climate Effects on Water Transaction Prices by B. G. Colby, J. Pullen, K. Pittenger, and L. Jones (University of Arizona, Department of Agricultural and Resource Economics)

National Forest Activities: Gold Mining Decision Has Wide Implications by David Moon, Editor

Water Briefs:

Fish Recovery Multi-Agency Cooperation (San Juan River Basin)
Water Privatization: Court Voids Stockton Contract
Aquatic Pesticides: EPA Final Rule Issued
Groundwater Contamination: Superfund Cleanup Costs Settlement
Interstate Compacts: Draft Model Compact Available
Tribal Water Projects: EPA Funding Publication
Wetland Mitigation: Evaluating Clean Water Act Projects in California
Aquifer Recharge: Eastern Snake Plain Aquifer Assessments Funded
Stormwater Pollution Order on Industrial Runoff in California
Conservation Grants USFWS Funding for Planning & Habitat Acquisition

TWR #33: November 15, 2006

In-Depth Articles:

San Joaquin Settlement: Friant Dam Litigation by Harrison C. Dunning (University of California at Davis)

The Colorado River: New Operational Guidelines for Lake Powell and Lake Mead by Terrace J. Fulp, Nan M. Yoder and Douglas Blatchford (Bureau of Reclamation, Boulder City, Nevada)

Arizona Groundwater Law by L. William Staudenmaier (Phoenix, AZ)

Water Briefs:

Platte River Program - Endangered Species Act Interior Agreement
Tribal Clean Water Act Authority: Water Quality Designation in California
New Mexico Water Trust Fund: Permanent Status Vote
Superfund Delisting: Rocky Mountain Arsenal Parcel
Water Efficiency: Landscape Irrigation - EPA Certification
Agricultural Drainage Water: $17.5 Million in Grants Awarded in California
Ecosystem Indicators (EPA Web-Based Program): Puget Sound
Endangered Species Act "Take" Alleged: Lawsuit Filed Against California DWR
Strategic Water Reserve: First Acquisition in New Mexico
Drinking Water Underground Source Risks: EPA Rule Issued
Water Quality Credit Trading Markets: Model Program Under USDA/EPA Partnership
Chiloquin Dam Removal Agreement in the Klamath Basin
Tribal Water Quality: EPA Grants and Guidance for Non Point Source Pollution Program

TWR #32: October 15, 2006

In-Depth Articles:

Phoenix Water Planning: Water Resources Plan - The 2005 Update by Tom Buschatzke, City of Phoenix (Phoenix, AZ)

Tribal Fish Consumption and Water Quality Standards by J.D. Williams (Portland, OR)

Washington Stormwater Regulation: State General Industrial Stormwater Permits At Issue by James Tupper (Seattle, WA)

Analysis of Mercury in Water and Sediment by James Ateer, Betsy Henry, Kathi Futornick, Gary Bigham (Lake Oswego, OR & Bellevue, WA)

Water Briefs:

Klamath Hydroelectric Relicensing: Fish Passage and FERC
Municipal Water Rights: Retroactive Expansion Lawsuit
Nationwide Section 404 Permits for the Clean Water Act: Corps of Engineers' Proposal
Shipyard Superfund Site: Elliot Bay Seattle
Yakima USGS Groundwater Study
Groundwater and Surface Water Contamination - Settlement Reached
Allocation of Water : Congressional Budget Office Report
New Regulations for Ballast Water Ordered
Water Auction: Effluent Water Sale in Arizona
World Water Forum Final Report

TWR #31: September 15, 2006

In-Depth Articles:

Municipal Water Rights in New Mexico: Various Approaches and Development Impacts by James Brockmann, Stein & Brockmann (Santa Fe, NM)

Mercury Contamination: A West Coast Perspective by Katherine Futornick, Gary Bigham, and Betsy Henry
(Exponent, Inc. - Lake Oswego, OR; Bellevue, WA)

Quantifying Instream Flow Needs by Tom Annear, Wyoming Fish & Game Department (Cheyenne, WY)

Hydroelectric Relicensing Decision: Skokomish Case Limits FERC Authority by David Moon, Editor TWR (Eugene. OR)

Water Briefs:

Wetlands Case: 9th Circuit Issues Post-Rapanos Decision
Golf Course Receives Conservation Fines in Arizona
All-American Canal Lining Halted: 9th Circuit Injunction
Tribal Water Quality: Program Case Studies
Reclamation Contract Awarded for Removal of Savage Rapids Dam
California Drinking Water Standard: Perchlorate
Groundwater Pollution Decision: Punitives Reduced
Watershed Grants by EPA
Wetlands Initiative: New USDA Conservation Reserve Program
Municipal Wastewater Violations in Idaho - EPA Settlement
New Mexico Climate Change Report Issued (Water Availability & Demand)
Stormwater Violations: Developers Fined in Idaho
EPA Enforcement in Alaska: Discharges Without NPDES Permit

TWR #30: August 15, 2006

In-Depth Articles:

Colorado Whitewater Courses and Water Rights by Kenneth W. Knox, Ph.D., P.E., Colorado Division of Water Resources (Denver)

Supreme Court Decides Wetlands Cases Rapanos & Carabell by Roderick Walston, Best Best & Krieger (Walnut Creek)

Municipal Water Conservation: Cost Benefit Analysis and Comparison by Val L. Little, Principal Investigator and Rebecca Gallup, Research Specialist, Water Conservation Alliance of Southern Arizona (Tucson)

Rights-of-Way Across Federal Lands: Easement Decision by 9th Circuit by David C. Moon, Editor (Eugene)

Water Briefs:

Conservation Easements: Environmental Quality Incentives Program (EQIP) in Nebraska
Wetlands Enforcement: Agriculture Exemption Limits
Stormwater Violation and EPA Settlement
Lead in Drinking Water: EPA Lead and Copper Rule Proposal
Stormwater Panel: Feasibility of Numeric Effluent Limits Applicable to Stormwater Discharges
Hatchery Salmon/Wild Salmon: 9th Circuit Decision Upholds Federal Regulations
Growth Limits Based on Water Supply: Reclamation Exploratory Well

TWR #29: July 15, 2006

In-Depth Articles:

Long-Range Water Planning: Comprehensive Process in Central Oregon's Deschutes Basin by Bruce Aylward, Ph.D., Deschutes River Conservancy (Bend) and David Newton, P.E., Newton Consultants, Inc. (Bend)

New Mexico Water Markets: Buying, Selling and Leasing Water Rights by John W. Shomaker, Ph.D. (John Shomaker & Associates, Albuquerque) and F. Lee Brown, Ph.D. (H2O Economics, Albuquerque)

Clean Water Act Wetlands Jurisdiction: US Supreme Court Rules on Rapanos & Carabell by Jennie Bricker, Stoel Rives (Portland)

Water Briefs:

Groundwater Pollution: Manufacturers Liability Verdict in California
Colorado River Program: "Intentionally Created Surplus"
Wastewater Discharge Permits: Pollutant Trading Allowed for Discharge
International Agreement with Canada: Transboundary CERCLA Settlement
Umatilla Tribe Study for Walla Walla River Flow Restoration
Federal CAFO Rules: Proposed NPDES Revisions by EPA
Groundwater Augmentation: Conjunctive Use Decision by Colorado Supreme Court
Aquifer Protection Permit: ADEQ & Phelps Dodge Consent Order
Desalinization Program Recommendations from California DWR
Desalinization and Water Purification Roadmap: Sandia National Laboratories

TWR #28: June 15, 2006

In-Depth Articles:

State Authority & Hydropower: Supreme Court Affirms State Authority (S.D. Warren v. Maine) by Richard M. Glick, Davis Wright Tremaine, LLP (Portland)

Mixing Zones - An Overview of Some Western States by Gregg Bryden, Kennedy/Jenks Consultants (Portland, OR)

Global Warming, The Hydrologic Cycle and Water Management by Brad Udall, Western Water Assessment (Boulder, CO)

Montana Supreme Court Rules on Groundwater Process: Basin Closures and Conjunctive Use by David C. Moon, Editor of The Water Report

Water Briefs:

Federal Plan Violates Endangered Species Act: Snake River BiOp Plan Flawed
Brownfields Program: $70 Million in Grants
Bay Area Water Rights: Water Quality & Minimum Flows in California
USFWS and Tribes Grants Announced: Fish & Wildlife Conservation
Dallas Stormwater: Settlement Agreement and Wetlands Construction
Missouri River 2006 Spring Pulse: Storage Releases by Corps of Engineers from Upstream Reservoirs
Clean Water Act Violations: Settlement Reached on Oil Spill on Warm Springs Reservation
Water Transfer Rule: EPA Clarification Regarding NPDES Permits
Stormwater Settlement: Idaho Highway Construction Results in Clean Water Act Violations

TWR #27: May 15, 2006

In-Depth Articles:

Use Attainability Analysis: Friend or Foe? by John Spencer and Tom Dupuis, CH2M Hill

Beyond Privatization: Lessons for Restructuring Water Systems to Improve Performance by Gary Wolff, P.E., Ph.D., and Eric Hallstein, The Pacific Institute

Nogales Wastewater Treatment: International Issues Impact Progress by Joe Gelt, Editor, Water Resources Research Center (Arizona)

Water Briefs:

Interstate Water Quality: Coalbed Methane Conflict Between Wyoming and Montana
NPDES Authority Challenged in Washington: Stormwater & Point Sources
Native & Non-Native Fish: USGS Study
Volatile Organic Compounds in Groundwater & Drinking Water Wells
Aamodt Settlement in New Mexico Water Rights Adjudication
Groundwater Contamination - EPA Settlement Reached in Nebraska
Shasta Lake Options Included in Reclamation's Scoping Report
Rio Grande Annual Operating Plan Released
Interstate Conflict - Oklahoma Water Quality Actions
Sediments Cleanup - Experimental Processes to Decontaminate
Condemnation Case in Washington Settled - Water Rights Transfer
Underground Injection Control Fine Proposed (Safe Drinking Water Act Permit)
Hydropower Relicensing: Fish Passage Proposal by PacifiCorp
Navajo Reservoir FEIS Completed - Flow Recommendations and Authorized Purposes
Hanford Site Five-Year CERCLA Review

TWR #26: April 15, 2006

In-Depth Articles:

Perchlorate in Groundwater & Surface Water: Occurrence, Regulation and Remediation by Evan Cox, Carol Aziz and Robert Borch, GeoSyntec Consultants Incorporated

Mining Megasite Cleanup: CERCLA Remedies Adapt to Circumstances in Butte, Montana by Angela Frandsen, Camp, Dresser, and McKee (CDM) (Helena, MT)

Water Briefs:

Instream Water Rights Settlement: Muckleshoot Indian Tribe and Seattle
Purpose of Use Change in Bureau of Reclamation Project: Irrigation to Domestic Use in Colorado
Pecos River Lawsuit Filed - ESA Violations Alleged Against Bureau of Reclamation and Corps of Engineers
Pesticide Buffers Order - Partial Removal of Buffers Due to Oregon Coast Coho Decision
Former Decree Precludes San Carlos Apache Tribe's Claims in Gila Adjudication in Arizona
Wetlands Restoration and Preservation Rule Proposed by EPA and Corps
Silvery Minnow ESA Sanctuary Construction Underway in New Mexico
Coalbed Methane Interstate Dispute Between Montana and Wyoming
Fish Passage Prescribed in Klamath Hydro Relicensing Proceeding (NOAA Fisheries and Dept. of Interior)

TWR #25: March 15, 2006

In-Depth Articles:

CWA & ESA Intersections - Water Quality & ESA Section 7: Northwest Examples by Melanie J. Rowland of the National Oceanic and Atmospheric Administration

The ESA & CWA Delegation: Defenders of Wildlife V. EPA by David Light of The Water Report

Columbia River Water Management Plan: Emphasizing Water Storage and Conservation by David C. Moon of The Water Report

Water Briefs:

USGS Pesticides Report - Comprehensive Study Released
Missouri River Operating Plan: Spring Pulse Delay
Instream Flow Decision: Nonprofit Applications Upheld in Texas
Condemnation Proposed: Municipal Water Rights in Washington
CAFO Permits Deadline Extended
Small Drinking Water Systems: EPA Releases Water Tools and Variances
Instream Flows: Cooperative Efforts in Nebraska Provide Support

TWR #24: February 15, 2006

In-Depth Articles:

Wetlands and the Clean Water Act: Rapanos, Carabell and the Limits of Federal Jurisdiction by Howard Bleichfeld, Sam Collinson, and Christopher S. Mills of Van Ness Feldman, PC

Water Quality and Temperature Trading: Regulatory Innovation in the Tualatin Basin by Bruce Cordon, Clean Water Services

Water Quality Litigation: Oregon's "State-of-the-Art" Water Quality Standards Challenged (NWEA v. EPA) by Richard M. Glick, Davis Wright Tremaine (Portland, Oregon)

Water Briefs:

Water Quality and Logging: California Water Agency Authority Upheld
Orca Endangered Species Act Listing Challenged by Building Industry
IDWR Aquifer Recharge Project in Idaho Awarded 2025 Grant
Commissioner’s Water Conservation Award (Reclamation) to Idaho Irrigation District
Pesticide Buffers Remain - US Supreme Court Denies Cert
Perchlorate Contamination and Cleanup: EPA Protective Guidance Issued
Instream Flow Program Proposal in Texas Critiqued
Oregon Coast Coho ESA Listing Avoided - NOAA Withdraws Proposal
Final California Water Plan Update 2005
Tribal Clean Water Act Grants: EPA Guideline Published
Hanford Settlement Between US and Washington: Groundwater Analysis and Environmental Review
Instream Flow: Irrigation Season Shortened to Create Flow
Contaminated Sediment Remediation Guidance Issued
Critical Habitat Designation (Bull Trout) - Lawsuit Challenges Agency Determination
Streamflow Restoration and Habitat Availability: USGS Study in Hawaii
Water Conservation: Reclamation Awards Grant to Kansas (Republican River)
Stream Contamination Diagnostic Tool (EPA): Causal Analysis/Diagnosis Decision Information System (CADDIS)
Groundwater Injury Allowed: “Reasonable Use" Limits Damages (Ninth Circuit Decision)

TWR #23: January 15, 2006

In-Depth Articles:

Washington Water Regulation: New Department of Ecology Director Interviewed (Jay Manning) by David C. Moon, Editor

Tribal Water Rights Update: John Echohawk - Indian Water Law Elder by David C. Moon, Editor

Hanford Superfund Site Update by Ken Niles, Assistant Director, Oregon Department of Energy

Water Briefs:

Instream Flows in Colorado: Transfers and Injury - Protections for Junior Rights
Hydropower Rules: Lawsuit Opposing New Rules Filed
UST Leaks: Groundwater Pollution
Wastewater Treatment: Peak Wet Weather Discharges
NOAA Recovery Plan: Central California Coho Salmon
Nonpoint Pollution: EPA Guidance on Stormwater
Well Metering: Groundwater Requirements in New Mexico
Bureau of Reclamation Reorganization
UST Inspections: Statewide EPA Results for Idaho
Pulp Mill Pollution Violations: Former Officers/Directors Pay Settlement
Drinking Water Rules: New EPA Rules Proposed for Open Reservoirs
Arsenic Rule: Compliance Tools Available
Phytotechnology: Contaminated Plume Technology
Watershed Planning: EPA Handbook Released
Red River Valley Project: Draft EIS Released
Septic Leaks Result in $6.6 Million Fine

TWR #22: December 15, 2005

In-Depth Articles:

ESA Update - A Review of 2005 by Cherise Oram, Stoel Rives LLP, (Seattle, WA)

Klamath Decisions: Court Rulings on "Takings" and BiOp/RPA Sufficiency by Richard M. Glick, Davis Wright Tremaine LLP (Portland, OR)

Utah Water Conservation: Irrigation District Conservation by Nancy Hardman, Central Utah Water Conservancy District

Water Briefs:

Instream Flows: Study Authorized in Texas
Hydropower Licenses: Expedited Hearings Under FERC
ESA Proposed Policy: Delineating Threatened and Endangered Species
MTBE: Natural Attenuation/Risk Management Option for Underground Storage Tanks
EPA Rule Finalized: Wastewater Treatment Exemptions for Hazardous Waste Mixtures (“Headworks Rule”)
Groundwater Contamination: Superfund Cleanup in the San Gabriel Valley
Reclamation Study: Potential Hydroelectric and Water Supply Projects in the Western United States
EPA ESA Program on Pesticidees: Field Implementation
Exempt Wells: Department of Ecology Reversal Regarding Agricultural Uses
Parking Lot Toxics: Sealcoating Runoff
Perchlorate: Overview of Issues, Status, and Remedial Options - ITRC Document
Groundwater Sampling and Monitoring with Direct Push Technologies - EPA Guidance
US Water Monitor Website
Clean Water Act Stormwater Discharge: Vioaltions by Seven-Up/RC Bottling Company.
Safe Drinking Water Act (SDWA) and Oil Spill Prevention Violations: Facility on the Navajo Nation
Water Right Transfers: Idaho Public Interest Standard Ruling
Colorado River USGS Report on Management Impacts of Glen Canyon Dam Operations

TWR #21: November 15, 2005

In-Depth Articles:

Takings and Water Right: Constitutional & Contractual Remedies for Government Takings by Roger J. Marzulla, Marzulla & Marzulla (Washington, DC)

Northwest Regional Sediment Evaluation: Development Project Overview & Update by Taku Fuji, PhD, Kennedy Jenks Consultants & Howard L. Cumberland, Tetra Tech EC (Portland, OR)

Nebraska Water Law Changing: Dramatic Developments - The Spear T Ranch Case by LeRoy W. Sievers and Jocelyn Walsh Golden of Knudsen, Berkheimer, Richardson & Endacott, LLP (Lincoln, NE)

Water Briefs:

Clean Water Act Cases Accepted by US Supreme Court
Pesticides Information Court Order
Hawaii DOT Fined for Stormwater Violations
Tribal Projects EPA Grants
Klamath Coho Salmon Plan Rejected by the 9th Circuit
Superfund Order: Duwamish Sediments
Hazardous Waste - California CERCLA Settlement
Dam Removal Proposal: FERC and Sediment Impact and Water Quality
EPA Announces Brownfields Rule: All Appropriate Inquiries
Groundwater Contamination Cleanup: San Gabriel Valley Superfund Site
Clean Water Act Fine for Inaccurate Reporting

TWR #20: October 15, 2005

In-Depth Articles:

Southwest Water Decisions: Arizona Water Settlements Act, Indian Reserved Rights, Adjudications by Mark A. McGinnis & Jason P. Alberts, Salmon, Lewis & Weldon, PLC (Phoenix, AZ)

Western Water Digital Information Website by Constance Lundberg

Speculation in Water Rights: Transfer Decisions by the Colorado Supreme Court and Special Status for Municipalities by David C. Moon

Water Briefs:

Pesticides Decision from 9th Circuit
Water Shortage: Lake Powell and Lake Mead Management
Critical Habitat for Bull Trout - Final Rule
Pretreatment Rule for Wastewater Discharges
Nebraska CAFOs: Clean Water Act Penalty
Columbia River BiOps Order and Upper Snake Case
Groundwater Basins in New Mexico Under State Jurisdiction
Water Supply: Declining Aquifer in Washington
Klamath FERC: Dam Removal and Irrigators' Power Rates
Interstate Water Quality Battle: Oklahoma v. Poultry
Sediment Evaluation: Regional Framework
Reclaimed Water: Bureau of Reclamation FONSI in Arizona
Salmon Fishing Case Appealed to 9th Circuit
USGS Report on Groundwater in US

TWR #19: September 15, 2005

In-Depth Articles:

Aquifer Storage Recovery: The Texas Perspective by Edmond R. McCarthy Jr., Sheridan L. Gilkerson and James C. Dwyer

Montana Groundwater/Surface Water Conflicts: Management in Search of Science and Reason by Eloise Kendy, John Wilson and Laura Ziemer

Recycling Wastewater By-Products: BioCycle Farm & Poplars by Kenneth J. Vanderford

Water Briefs:

State NPDES Authority: NPDES Program Vacated in Arizona
Groundwater Contamination Superfund Settlement (California)
Critical Habitat: NOAA Cuts by 80% (NW & California)
Conjunctive Use - Utah Reports
Landfill Superfund Cleanup Settlement (Colorado)
Nonpoint Source Management Guidance by EPA
Klamath "Takings" - Irrigators' Claims Rejected
Dam Removal Grants - Open Rivers Initiative by NOAA

TWR #18: August 15, 2005

In-Depth Articles:

Tribal Water Quality Standards by Richard A. Du Bey & Michelle Ulick Rosenthal

San Diego Creek's Natural Treatment Stormwater Management System by Eric Strecker, Peter Mangarella, Todd Hesse, Klaus Rathfelder, Marc Leisenring & Norris Brandt

Snake River Adjudication: The Nez Perce Agreement by Jerry R. Rigby

Climate Change and Washington Water Law by David C. Moon

Water Briefs:

Salmon Recovery Plan (Puget Sound)
Salmon Spill Order Upheld by 9th Circuit
Clean Water Act Fine - Wetlands Dumping
Nebraska Groundwater - Authority to Regulate
Nonpoint Sources - Arizona Grants
Wastewater Treatment - EPA Penalty for Municipality
ESA Recovery Program Report Online

TWR #17: July 15, 2005

In-Depth Articles:

Regulating Urban Runoff: Stormwater Issues by Paul N. Singarella

Interstate Water Banking: Evolving Colorado River System Agreement by James H. Davenport

Friant Dam and San Joaquin River Fisheries Restoration: Reasonable Remedies? by Christopher H. Calfee

Tribal Reserved Rights and Groundwater: Lummi Nation Decision by Barbara Markham

Water Briefs:

Pesticide Use: 9th Circuit Upholds Buffers Decision
Wind River Settlement and Penalties
NOAA Hatchery Policy and Listing Determinations
Conservation Easements: Handbook Released
EPA Guidance: Compliance for Development
Superfund Lien: Past Cleanup Costs
CWA Public Notice: General Permits
Watershed Protection: EPA Webcast
Klamath Water Bank 2005
CWA Penalty and Settlement: Oil Spill Response
Safe Drinking Water: $277 Billion Investment Required

TWR #16: June 15, 2005

In-Depth Articles:

The Colorado River - Has It Run Out of Water? by Lawrence J. MacDonnell

Water and the Environment - The Role of Ecosystem Restoration by Sharon B. Megdal

2005 Sediments Conference by Laura Kennedy

Water Use and Transfers - Systematic Planning Avoids Risks and Creates Opportunity by Douglas W. MacDougal

Dams and Salmon: Judge Rejects BiOp by David C. Moon

Water Briefs:

Groundwater Rules Invalid: Deschutes Mitigation
Sewage Settlement: $187 Million Consent Degree
Drought Relief: Reservoir Storage in New Mexico
Klamath Water Bank: USGS Report
EPA & MTBE: Petitions Rejected

TWR #15: May 15, 2005

In-Depth Articles:

Upper Columbia River Contamination: Transboundary Application of CERCLA by Richard A. Du Bey, Michelle Ulick Rosenthal and Leslie C. Clark

Water Resource Management in El Paso: Conservation, Reclaimed Water and Desalinization by Edmund G. Archuleta and Karol Parker

Idaho Conjunctive Use Order by David C. Moon

Rio Grande Water Regulation: "Active Water Resource Management" (AWRM) by David C. Moon

Water Briefs:

Groundwater Rule: Safe Drinking Water Rule Delayed
CAFO Ruling in 2nd Circuit
Clean Water Decision Regarding Costs of Compliance
Montana Adjudication Legislation: Fee Bill
Stormwater Holding on Municipal Permits
San Juan River Basin - Navajo Nation Settlement Approved
Citizen's Guide on Institutional Controls Released by EPA
Criminal Sentence in Hazardous Waste Case
Green Sturgeon - ESA Proposed LIsting
Washington Draft Plan on Salmon Recovery Endorsed by NOAA
Riparian Funding in Arizona
Water 2025 Grants - New State Program

TWR #14: April 15, 2005

In-Depth Articles:

Water, Property & Authority in New Mexico: Balancing Tribal and State Sovereign Interests by Stephen H. Greetham

Drinking Water Rules Update by Scott Shine

Critical Habitat, Bull Trout and Politics by Arlene Montgomery

Colorado Recreational In-Channel Diversions by David C. Moon

Water Briefs:

Groundwater Contamination - Arizona Study of PG&E Plume
ESA Permits - NOAA Online Guide
Washington Drought Emergency Declared
Leasing Water - Yakima Basin Drought Response
Tribal Water Right Fund Created in New Mexico
Groundwater Active Management Area Rejected in New Mexico
Nez Perce Settlement - Idaho
Conan the Riparian - Tribes Rally for Salmon
US-Mexico Agreement on Mexico Water Debt
Reclaimed Water Use Approved for Snowmaking by Forest Service
US-Mexico Report Assesses Resources
Clean Water Act Violation - Industrial Wastewater
Lead in Drinking Water - EPA Strengthens Protection
Clean Water Act Enforcement - NPDES Violations
Pump and Treat - New EPA Guidance for Remediating Polluted Groundwater
ESA Grants for $70 Million - USFWS

TWR #13: March 15, 2005

In-Depth Articles:

Law of the Rio Grande (Report from the 6th Annual Conference) by David Moon, Editor

Stormwater Management: Increased Construction Site Scrutiny - Avoiding Enforcement by Carol L. Forrest 

Streamlining Federal Permits (Portland/Federal Agencies Coordination) by Mike Reed 

Water Briefs:

Groundwater Holding: Nebraska Conjunctive Use
EPA’s CAFO Rules: Second Circuit Holding
Water Quality Database (EPA)
Bypass Flows - USFS Policy Change in Colorado
Incidental Take Permits - Washington Forest Practices
Perchlorate - EPA Reference Dose 

TWR #12: February 15, 2005

In-Depth Articles:

US Water Services Privatization: Key Issues and Experiences by Charles W. Howe and Jeffrey W. Jacobs

Endangered Species Act Update: Summary of the 12th Annual ESA Conference by Greg D. Corbin

EPA, the ESA and Pesticides by Patti Goldman

Hydroelectric Relicensing and the Clean Water Act by David C. Moon

Water Briefs

EPA Pesticides Proposed Rule and Statement Announced
Sewage "Blending" and EPA Proposed Rule
Colorado River 2005 Operating Plan Released
ESA Recovery Plan Submitted by Washington
Coalbed Methane General Permit Held Illegal in Wyoming
Reservoir Expansion on the Yampa and Instream Flows
Hatchery Fish/Wild Fish Ruling: Remand to NMFS
Instream Flow Toolkit Developed for Washington
Toxicity Guidance - EPA Draft (WET Testing in NPDES Permits)
Surface Water Users "Call" on Groundwater Rights in Idaho
Growth and Water: EPA Training Module On-Line
Bureau of Reclamation Decision Document for Columbia River
TMDL Water Quality Plan for the Upper Eel River
Stormwater Penalties for Idaho Construction
Stormwater Permits for Oil & Gas Construction: Regulatory Deadline Extended
Critical Habitat Public Comment Extension: Salmon & Steelhead
Colorado Water Law Decision

TWR #11: January 15, 2005

In-Depth Articles:

Klamath Basin Science: Editor's Introduction

Klamath Fishery Science: Controversy in the Klamath River Basin by Dave Vogel

     Hardy Response

Klamath Basin Water Resource Issues by Dr. Thomas B. Hardy

     Vogel Response

Montana Water Law Update by David C. Moon

The ESA and Water "Takings:" $16.7 Million Settlement Shakes Up Water World (Interview with Attorney Roger Marzulla) by David C. Moon

Water Briefs

USFWS New Regulations on Incidental Take Permits
Bull Trout Lawsuit Filed Over Critical Habitat Designations
Land and Water Use: New California Website Collects Data
Colville Tribes of Washington Sign Water Agreement
Santa Ana Sucker Critical Habitat Revised in California
Lavaca Bay Settlement: Alcoa Agreement in Texas
Comprehensive Groundwater Study Released in California
Columbia River Mainstem Program Announced by Washington Governor
Pesticide Assessments completed by EPA (ESA Impacts)

TWR #10: December 15, 2004

In-Depth Articles:

Conjunctive Administration on the Eastern Snake River Plain by Phillip J. Rassier

Ground Water Right Transfers in the Snake River Plain, Idaho by Gary S. Johnson, Robert L. Harris, Bryce Contor and Donna M. Cosgrove

Water Marketing and Transfers in Texas by Ronald A. Kaiser

Colorado McCarran Amendment Ruling by David C. Moon 

Water Briefs

Water Supply Initiative in Colorado
California DWR Water Use Efficiency
Canal Easement - Federal Lawsuit in Oregon
Arizona Water Settlement Approved by Congress
EPA Enforcement Summary 2004
Western Salmonids Draft EA
NOAA BiOp - Columbia and Snake Rivers
Critical Habitat Exclusions Considered
EPA Water Quality Training Handbook 

TWR #9: November 15, 2004

In-Depth Articles:

Basin-Wide TMDL Development: Impacts on NPDES Permits by Suzanne C. Lacampagne and Jason B. Joner

Fish Passage Assessment by Paul Conrecode

The Role of Science in the ESA: Balancing the Needs of Protected Species by Michael G. Thabault

Northwest Water Quality Data Exchange: Access to Regional Information On-line by Janet Gillaspie

Water Briefs:

Idaho Groundwater Settlement - Purchase of Surface Rights
NOAA Fisheries Draft Strategic Plan 2005-2010
Lower Rio Grande Regional Water Plan
Federal Hatchery Policy - NMFS Call for Comments
CalFED Bill Signed - Funding and Restoration Projects (Storage)
Texas Conservation Report and Best Management Practices Guide
Columbia River Initiative - Washington Program for New Rights and Mitigation
California Waterways Data Website
FERC Relicensing - Klamath River (KWUA Motion to Intervene)
EPA Withdrawal of Clean Water Act Pollution Detection Procedures
Klamath River Watershed Coordination Agreement
TMDL Lawsuits - EPA Website
Water Storage - Washington State Projects
Surface Water Rules - New Mexico

TWR #8: October 15, 2004

In-Depth Articles:

Aquifer Storage Recovery: Expanding Possibilities in the Western United States by Cat Shrier

Easements On and Over Federal Lands by Daniel H. Israel

Watershed Assessments: The Upper Klamath Basin Process by Mike Connelly and Jennifer Miller

Water Briefs:

Water Quality Standards: 9th Circuit Holding on Dam Operations
2004 Report to Congress: NOAA Fisheries
Delisting Criteria: NOAA Draft for Coho Salmon
FERC Hydropower Rule - Comments and Controversy     
Groundwater Replenishment - Orange County Water District Purification System
Bull Trout Critical Habitat Designation

TWR #7: September 15, 2004

In-Depth Articles:

Basin-Wide Water Management (Cooperation in the Deschutes Basin: A Municipal Perspective) by Patrick Griffiths

Bennett Raley, Assistant Secretary of the Interior - Interview by David Moon

Water Rights Donations and Federal Tax Law by Neal Stelting

Water Briefs:

NOAA Columbia-Snake Draft Strategy
Water Purchases - CA DWR Dry Year Program
Navajo Settlement Motions Denied - Negotiations Continue
Canal Seepage - BOR Grant to Evaluate PAM
Texas Promotes Desalinization
Border States Meeting - Texas and New Mexico Dialogue
Snake River Adjudication - Wild & Scenic Water Rights Settled
Irrigation Fine - Failure to Measure (Washington)
Groundwater Consent Decree - Contamination by US Army
Klamath Update: Water Purchases, Storage Initiative, ESA Five-Year Review, FY 2005 Budget and BOR "Water Bank"

TWR #6: August 15, 2004

In-Depth Articles:

Stormwater Management by Eric Strecker, Marcus Quigley, Ben Urbonas and Jonathon Jones

Colorado Groundwater Law by David Harrison

Takings, Water Rights & The Fifth Amendment by Michael Van Zandt

Water Briefs:

Missouri River Appeal - Consolidated Case (Flows and ESA)
Trinity River 9th Circuit Decision (NEPA and ESA)
Desalinization Workshops (California)
BPA Spill Controversy - 9th Circuit Compels Spill for Fishery
Montana/Wyoming Update: Yellowstone River Compact
EPA Pesticide Policy and ESA Consultations (New Rules)
Reclaimed Water Use (Groundwater Recharge)
Clean Water Act Settlement - Navajo Nation (San Juan River)
Hydroelectric Settlement - Fish Passage
Water Banks - Analysis of Western States
Navajo Water Rights Settlement
Pesticide/Toxics Study for Walla Walla River
Sewage Overflow - $2 Billion Settlement in Los Angeles
Dam Removal Grant
Hatchery Reform - Northwest (NWPCC)
Wetlands Damage

TWR Issue #5: July 15, 2004

In-Depth Articles:

Public Drinking Water Contamination by Michael Axline and Duane Miller

Ecosystem Economics by Daniel D. Heagerty and Gillian C. Ockner

Western United States Groundwater Law by Gary Bryner

Water Briefs:

Groundwater Contamination: PCE - Arizona DEQ Superfund Site          
Pecos Basin Purchases - New Mexico Acquisition Program      
Ecology General Permit - Sand and Gravel Regulations    
Pesticide Buffers - 9th Circuit Appeal (No Spray Stream Buffers)         
Columbia River Discharges - Clean Water Act Citizen Suit    
Stormwater Fine - Measurement Issue (Washington Dept. of Ecology)     
BPA Summer Spill Decision (Tribes Prepare Litigation Contesting)      
FERC Compelled to Respond - Hells Canyon Hydropower Complex     
Montana-Wyoming Talk Continue: Yellowstone Compact Discussions  
NOAA Dam Settlement With Rancher - ESA Violations     
Snow Survey Funds Jeopardy - Western States Water Council
Estuaries Restoration - NOAA Inventory Released     
Missouri River Ruling Announced - River Flows & ESA     
Dredging Lawsuit - Columbia River Deepening by Corps of Engineers     
Instream Flow Petition - Hawaii Instream Flow Standards and "Waste"     
Fish Farm Wastewater - New EPA Regulations     
Containment Liners Technology Survey by EPA     
Contaminant Data - Forensic Tool for Evaluating Contamination (EPA)      

TWR Issue #4: June 15, 2004

In-Depth Articles:

Water Reuse: Lessons From the California Perspective by Craig Lichty

River Management & the Endangered Species Act: Missouri River Litigation (Navigation Versus Fish & Wildlife) by David Hayes, Janice Schneider and Casandra Sturkie

Washington Water Law Update by David Moon

Pesticides Rulings and Stream Buffers by Laurie Beale

Water Briefs:

Montana - Wyoming Water Fight Brewing?
Statewide Aquatic Herbicide Permit - California (Headwaters case)
Bypass Flow Upheld/Fishery (TU, et al v. US Dept. of  Agriculture, et al)
Klamath Tribes Sue PacifiCorp: $1 Billion + Lawsuit Over Fishery Loss
Stormwater Penality Issued Against Wal-Mart: $3.1 Million Fine
Hatchery Fish/ Wild Fish Update: New Hatchery Policy Released
FERC and Forest Service Sued in Hydropower License Dispute

TWR Issue #3: May 15, 2004

In-depth Articles:

Hydroelectric Project Reauthorization: FERC and Oregon Process by Martha Pagel

Coalbed Methane Extraction: Newfound Impacts and Water Quality Mitigation by Tom Darin

Groundwater Rights in Blended Basins: Storage, Ownership, Overdraft & Takings by Kevin O'Brien

Platte River Ecosystem Restoration - Environmental Perspective by Dan Luecke

Water Briefs:

Hatchery Fish - Wild Fish Controversy: NOAA Draft Policy
Trinity River Flows: Increased Flows Ordered
USFWS Bull Trout Review - Censored Analysis Criticized
Columbia Basin Spills: Tribes Threaten Lawsuit Over BPA Proposal

TWR Issue #2: April 15, 2004

In-Depth Articles:

Waterway-To-Waterway Transference: NPDES Permit Requirements and the Miccosukee Case by Rick Glick

Water Rights Adjudication in Montana: Chief Judge C. Bruce Loble Interview

Flow Restoration in the Northwest: Columbia Basin Water Transactions by Andrew Purkey and Christopher Furey

Oregon Water Quality Standards: National Model for Fisheries by Mary Lou Souscia

Water Briefs:

Missouri River Control (Corps of Engineers) -Montana Amicus Brief
GAO Report on Consultation Process under the Endangered Species Act
Dam Removal in California: Matilijia Dam
Wastewater Fines: Surface/Groundwater Connection
BPA Proposal to Lower Spills: Power Production versus Fishery
NOAA Restoration Monitoring Manual: Coastal Restoration
Instream Flows in Washington: Ecology Sets Minimum Flows
Clean Water Act on Navajo Land: EPA Enforcement (Utah)
Stormwater Penalty:EPA Enforcement in California
Dredging Lawsuit: Columbia River Deepening Opposed
Navajo Water Rights Settlement Proposed: San Juan River Basin
Gold Mine Lawsuit: Clean Water Act Citizen Suit in Montana
Water Temperatures Study by Ecology (Washington)
Ocean Dumping: EPA Fine (California)
Diversion Permits/Columbia River: National Academy of Science Study
Water Use Trends: USGS Study Released

TWR Issue #1: March 15, 2004

In-Depth Articles:

The Rule of Capture and the Edwards Aquifer Adjudication by Darcy Frownfelter

Oregon Water Resources Department: Interview with Director Paul Cleary

Endangered Species Act, Salmon & Western Water Law by Glenn Spain

Water Briefs:

Green Sturgeon Listing Remanded
Missouri River Final EIS from Corps of Engineers
EPA Approves Oregon Water Quality Standards
Alaska Water Quality Standard Revisions Partially Approved by EPA
Arsenic Removal - EPA Project in New Mexico
Watershed-Based NPDES Permit Issued
Snake River Enforcement Actions by EPA and IDWR
Stormwater Violations and Compliance Order in California
Conservation Grants Announced by DOI