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 #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; www.lytlewater.com), 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) 

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

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