Mealey's Water Rights

  • February 22, 2017

    9th Circuit: 2013 Dam Release Was Authorized, Didn’t Violate Central Valley Act

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Feb. 21 unanimously ruled that the United States had authority to implement a 2013 Klamath River flow augmentation release from an upstream dam to protect fish in the lower Klamath River and that the release did not violate the Central Valley Project Improvement Act (CVPIA) in doing so (San Luis & Delta Mendota Water Authority, et al. v. Kevin Haugrud, et al., Nos. 14-17493,14-17506, 14-17515 and 14-17539, 9th Cir., 2017 U.S. App. LEXIS 2924).

  • February 22, 2017

    Scott Pruitt Goes From Clean Water Rule Opponent To EPA Administrator

    WASHINGTON, D.C. — Edward Scott Pruitt on Feb. 17 went from plaintiff to defendant in Clean Water Rule litigation when he was sworn in as administrator of the U.S. Environmental Protection Agency.

  • February 17, 2017

    Federal Claims Court Asked To Sign Class Certification In Water Takings Case

    WASHINGTON, D.C. — California farmers in the Klamath River basin and the United States on Feb. 16 filed a proposed order certifying a class of farmers who allege that their water rights were impaired by the federal government in 2001 and their water rights taken in violation of the Fifth Amendment to the U.S. Constitution (Lonney E. Baley, et al. v. United States, et al., No. 01-591L, John Anderson Farms, Inc., et al., No. 07-194C, Fed. Clms.).

  • February 16, 2017

    14 Water Districts Voluntarily Withdraw From Federal Klamath Takings Case

    WASHINGTON, D.C. — A federal claims judge on Feb. 14 severed 14 Oregon water districts from a lawsuit against the federal government for stopping or curtailing water deliveries in 2001 to benefit endangered fish (Klamath Irrigation District, et al. v. United States, et al., No. 01-591L, and John Anderson Farms, Inc., et al., No. 07-194C, Fed. Clms.).

  • February 15, 2017

    Sioux Tribe Files Suit To Stop Pipeline Work Pending Treaty, Water Rights Study

    WASHINGTON, D.C. — Another tribe of the Great Sioux Nation has challenged construction of the Dakota Access Pipeline (DAPL) under the Missouri River with the filing of a suit Feb. 11 in District of Columbia federal court to stop work on the pipeline until the U.S. Army Corps of Engineers completes a once-promised environmental impact statement (EIS) “that fully analyzes the impacts of the DAPL to the Tribe’s Treaty” and water use rights (Oglala Sioux Tribe v. U.S. Army Corps of Engineers, No. 1:17-cv-267, D. D.C.).

  • February 15, 2017

    Special Master Recommends U.S. Supreme Court Deny Florida’s Interstate Water Claim

    PORTLAND, Maine — A U.S. Supreme Court special master on Feb. 14 recommended that the high court deny Florida’s request for equitable apportionment of water from a basin it shares with Georgia (State of Florida v. State of Georgia, No. 142, Original, U.S. Sup.).

  • February 13, 2017

    Supreme Court Special Master Recommends No Dismissal Of Texas/New Mexico Case

    NEW ORLEANS — A U.S. Supreme Court special master on Feb. 9 issued an interim report on the water dispute between Texas and New Mexico and recommended that the high court deny New Mexico’s motion to dismiss the complaint and move on to discovery and a possible trial (State of Texas v. State of New Mexico, et al., No. 141, Original, U.S. Sup.).

  • February 9, 2017

    Preliminary Injunction Orders United States To Release More Klamath Water For Fish

    SAN FRANCISCO — A California federal judge on Feb. 8 granted summary judgment for two Native American tribes and entered a preliminary injunction requiring the federal government to release enough water from the Klamath Project to reduce the risk of infection downstream to fish in the Klamath River (Hoopa Valley Tribe, et al. v. National Marine Fisheries Services, et al., No. 16-4294, and Yurok Tribe v. Bureau of Reclamation, No. 16-6863, N.D. Calif., 2017 U.S. Dist. LEXIS 18054).

  • February 8, 2017

    Multiplaintiff, Interstate Or Notable Water Rights Cases

    New developments in the following multiplaintiff, interstate or notable water rights cases are marked in boldface type.

  • February 8, 2017

    Trial In Klamath Water Takings Case Under Way In Federal Claims Court

    WASHINGTON, D.C. — After a delay as long as 15 years, trial got under way Jan. 30 in a lawsuit by California water users alleging that the cessation or curtailment of water deliveries from federally operated water projects constituted a takings for which the plaintiffs must be compensated (Klamath Irrigation District, et al. v. United States, et al., No. 01-591L, and John Anderson Farms, Inc., et al., No. 07-194C, Fed. Clms.).

  • February 8, 2017

    Georgia Water District Sues Army Corps For New System Affecting Water Storage

    ATLANTA — A Georgia water district on Feb. 1 asked a federal court to vacate a new storage accounting system devised by the U.S. Army Corps of Engineers because it says the system allows the Corps to take almost 95 percent of the water the district stores in the Allatoona Lake Reservoir (Cobb County-Marietta Water Authority v. U.S. Army Corps of Engineers, et al., No. 17-400, N.D. Ga., Atlanta Div.).

  • February 7, 2017

    Arizona Tribe Says It Need Not Go Through Adjudication To Enforce Water Rights

    PRESCOTT, Ariz. — An Arizona Native American tribe on Jan. 6 filed opposition to motions by eight defendants to dismiss the tribe’s lawsuit for trespass and unlawful interference with its water rights (Havasupai Tribe v. Anasazi Water Co., L.L.C., et al., No. 16-8290, D. Ariz.).

  • February 6, 2017

    California Federal Judge Weighs Injunction Ordering More Klamath Water Releases

    SAN FRANCISCO — A California federal judge on Jan. 27 heard arguments on a motion for partial summary judgment in a suit over allegedly inadequate water releases from the Klamath Project by the federal government (Yurok Tribe, et al. v. U.S. Bureau of Reclamation, et al., No. 16-6863, N.D. Calif., San Francisco Div.).

  • February 3, 2017

    Texas Federal Judge Administratively Closes Clean Water Rule Case

    GALVESTON, Texas — A Texas federal judge on Feb. 2 administratively closed a Clean Water Rule challenge until after the Sixth Circuit U.S. Court of Appeals terminates its abeyance of a similar case (State of Texas, et al. v. United States Environmental Protection Agency, et al., No. 15-162, S.D. Texas, Galveston Div.).

  • February 3, 2017

    Nevada High Court Affirms Mandatory Water Rotation For Vested Water Rights Holders

    CARSON CITY, Nev. — A panel of the Nevada Supreme Court on Jan. 13 affirmed a mandatory water rotation schedule for a property owner, saying the court has already ruled on the issue (J.W. Bentley, et al. v. The State of Nevada State Engineer, No. 68913, Nev. Sup., 2017 Nev. Unpub. LEXIS 48).

  • January 31, 2017

    United States Files Clean Water Rule Brief As High Court Short-Circuits Appeal

    CINCINNATI — On the same day the U.S. Supreme Court agreed to review jurisdiction, the United States filed its 546-page brief in support of the Clean Water Rule with the Sixth Circuit U.S. Court of Appeals, an appeal that was subsequently held in abeyance on Jan. 25 (In Re:  Environmental Protection Agency, et al., Murray Energy Corp., et al. v. United States Environmental Protection Agency, et al., No. 15-3751, et al., 6th Cir.).

  • January 30, 2017

    Trial In Klamath Water Takings Case To Start Jan. 30 In Federal Claims Court

    WASHINGTON, D.C. — After a delay as long as 15 years, trial was set to get under way Jan. 30 in a lawsuit by California water users alleging that the cessation or curtailment of water deliveries from federally operated water projects constituted a takings for which the plaintiffs must be compensated (Klamath Irrigation District, et al. v. United States, et al., No. 01-591L, and John Anderson Farms, Inc., et al., No. 07-194C, Fed. Clms.).

  • January 27, 2017

    Texas Appeals Court Reverses Judgment Striking Down Water Project Permit

    HOUSTON — A Texas appeals panel on Jan. 26 reversed a district court’s judgment reversing the granting of a permit for a water project to a regional water district (Upper Trinity Regional Water District, et al. v. National Wildlife Federation, No. 01-15-00374-CV, Texas App., 1st Dist.).

  • January 26, 2017

    6th Circuit Orders Abeyance In Clean Water Rule Case Pending High Court Action

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Jan. 25 granted a motion to hold a consolidated Clean Water Rule appeal in abeyance pending the U.S. Supreme Court’s ruling — expected in June — on whether the circuit court has jurisdiction under the Clean Water Act to hear the appeal (In Re:  Environmental Protection Agency, et al., No. 15-3751, 6th Cir.).

  • January 20, 2017

    2nd Circuit Reinstates EPA’s Water Transfers Rule In 2-1 Ruling

    NEW YORK — A divided panel of the Second Circuit U.S. Court of Appeals on Jan. 18 reversed a lower court ruling vacating the U.S. Environmental Protection Agency’s Water Transfers Rule as it relates to the Clean Water Act (Catskill Mountains Chapter of Trout Unlimited, Inc., et al. v. United States Environmental Protection Agency, et al., Nos. 14-1823, 14-1909, 14-1991, 14-1997 and 14-2003, 2nd Cir.; 2017 U.S. App. LEXIS 914).