EASTERN WATER NEWS

December 2009

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News from the West

In this month’s water news from the West, a California appellate court sides with petitioners suing over approval of a development project, finding that filling and rerouting a stream on the property may have a significant adverse impact on wetlands and riparian habitat. Next, in Alaska, groups attempted to put an initiative on the ballot to limit discharge of certain toxic pollutants on the land and waters of the state, and the Alaska Supreme Court found that the initiative was not prohibited by the Alaska Constitution. Finally, Montana plaintiffs asserted that the changing of lake levels by a power company was causing damage to their property, and the Montana Supreme Court held that such erosion was permissible if reasonably necessary and there was no unreasonable damage to the surrounding properties.