JUDICIAL DEVELOPMENTS

August 2004

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Colorado Supreme Court Upholds State and Division Engineers’ Curtailment of Senior Irrigation Rights at Undecreed Points of Diversion.
Westlands Water District et al. v. Hoopa Valley Tribe et al., ___F.3d___

On July 13, 2004, the Ninth Circuit Court of Appeals issued a decision involving National Environmental Policy Act (NEPA) analysis of proposals to alter instream flows to protect salmonids. Like most NEPA cases, the decision is largely procedural:Whether the lead agency properly considered environmental impacts of the action. The decision could, however, have a wide-ranging effect on other projects to increase flow for salmonid protection, particularly in the Northwest where numerous wild salmon and steelhead are listed as threatened or endangered under the Endangered Species Act (ESA).