EASTERN WATER NEWS

October 2008

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News From the West

In this month’s news, a U.S. District Court in California held that where a publicly owned treatment works improperly set up a program for industrial users to offset their discharges under the Clean Water Act, industrial users were not protected by a permit shield or good faith defense. Based on the historical location of Utah Lake’s high water line, the U.S. Circuit Court of Appeals for the Tenth Circuit quieted title in favor of the State of Utah regarding a dispute with private landowners over parcels that abutted the lake. Finally, the Arizona Department of Water Resources has been conducting workshops throughout the state to inform the public about recently passed Arizona Senate Bill 1575, which allows local governments to require that adequate water supplies be shown prior to the approval of a new subdivision.