BOARD00146 ‎(2)‎

• Board Meeting Date: 3/12/2007
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

to.

"

.

varicolored, seleniferous and saline. The habitat is found between 1,508 and 1,981 meters (4,970 and
6,500 feet) elevation in Mesa and Garfield Counties, Colorado. FWS finds that the petition does not
present substantial scientific or commercial information indicating that listing A. debequaeus may be
warranted. Therefore, the agency will not be initiating a further status review in response to this petition.
FWS asks the public to submit to the agency any new information that becomes available concerning the
status of A. debequaeus or threats to its habitat at any time. This information will help FWS monitor and
encourage the conservation of the species. The finding announced in this document was made on
February 14, 2007. You may submit new information concerning this species for FWS' consideration at
any time.

Forest Service

72 Fed. Reg. 4478. January 31. 2007
The Forest Service is issuing a final directive to Forest Service Handbook 1909.12, chapter 70.
Chapter 70 establishes procedures for wilderness evaluation when carrying out national forest land
management planning regulations at 36 CFR part 219, subpart A, published in the Federal Register on
January 5,2005 (70 FR 1023). This directive provides consistent overall guidance to Forest Service line
officers and employees in identifying and evaluating potential wilderness areas when developing or
revising land management plans for units of the National Forest System. This directive is effective
January 31, 2007. Copies of the directive are available on the World Wide WeblInternet at
http://www.fs.fed.us/im/directives/fsh/1909.12/1909.12 _70.doc.

BOOKS

.

Water Resources and Environmental History (Jerry R. Rogers et a1. eds. 2004).

SUPREME COURT

Review Denied

No. 06-581. Alleff1'etti & Co. v. Imoerial County. California. 75 U.S.L.W. 3349.
Ruling below (Cal. Ct. App., 138 Cal.App.4th 1261, 42 Cal.Rptr.3d 122): The County's
conditioning of a property owner's application for a conditional use permit to activate a well on its
property on the owner's agreement to extract no more than 12,000 acre-feet of water per year from the
aquifer underlying its property is not a permanent physical occupation or invasion of the property
sufficient to constitute a categorical physical taking; the condition did not deprive the property owner of
all economically beneficial or productive use of its land so as to constitute a total regulatory taking; and
the factors set out in Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978) for
analyzing whether a partial taking has occurred-the economic impact of regulation on the owner, the
extent to which regulation has interfered with investment-backed expectations and the character of
governmental action-lead to the conclusion that no regulatory taking took place so as to warrant payment
of just compensation and thus judgment in favor of the county on the property owner's inverse
condemnation action seeking just compensation for the county's alleged taking of its right to use the
groundwater underlying its property is affIrmed.

06-119. District of Columbia Water and Sewer Authority v. Friends of the Earth Inc.. 75 U.S.L.W. 3365.
Ruling below (Friends of the Earth Inc. v. EPA, D. C. Cir., 446 F.3d 140): Section 303(d)(1)(C) of
. the Clean Water Act (CW A), which requires states to establish "total maximum daily loads" for

7