Mealey's Water Rights

  • May 26, 2017

    Texas Pipeline Condemnation Lawsuit Against Ranch/District Settled By Rerouting

    DALLAS — A Texas water district and the city of Dallas have settled their condemnation lawsuit against a property owner for the construction of a water pipeline by agreeing to reroute the pipeline around the contested area, according to a May 24 resolution passed by Dallas City Council (Tarrant Regional Water District, et al. v. Lazy W District No. 1, et al., No. 2014C-0144, Texas Dist., Henderson Co.).

  • May 24, 2017

    Colorado Supreme Court Affirms Water Pipe Doesn’t Trespass On Easement

    DENVER — The Colorado Supreme Court on May 15 affirmed summary judgment in a water right dispute, saying that the holder of a water right and easement cannot assert a trespass claim against another water user that wants to run a water pipeline across an old irrigation ditch (Select Energy Services, LLC, et al. v. K-LOW, LLC, et al., No. 16SA166, Colo. Sup., 2017 Colo. LEXIS 371).

  • May 19, 2017

    United States To Pay $45,440 In Attorney Fees, Costs, To 2 Environmental Groups

    EUGENE, Ore. — The United States will pay two environmental groups $45,440 in attorney fees and costs after the parties settled a lawsuit seeking the release of more water from federally controlled dams to benefit the Oregon spotted frog, according to a May 17 court filing (Center for Biological Diversity, et al. v. U.S. Bureau of Reclamation, et al., No. 15-2358, D. Ore., Eugene Div.).

  • May 16, 2017

    Blackfeet Nation Approves Water Compact With United States, Montana

    BILLINGS, Mont. — The members of the Blackfeet Nation have approved a water compact with the United States and Montana that details the tribe’s rights to the water in streams, rivers and lakes on its reservation, provides $471 million in federal and state funding for water-related projects on the reservation and settles several decades old lawsuits filed over those rights, the tribe announced May 11 (Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation v. Tongue River Water Users Association, et al., United States of America v. Tongue River Water Users Association, et al., United States of America v. Big Horn Low Line Canal, et al., United States of America v. Velva Aasheim, et al., United States of America v. Arvin S. Aageson, et al., United States of America v. AMS Ranch, Inc., et al., United States of America v. Annette A. Abell, et al., Nos. CV-75-6-BLG, CV-75-20-BLG, CV-75-34-BLG, CV-79-40-BLG, CV-79-21-GF, CV-79-22-GF, CV-79-33-M, D. Mont.).

  • May 10, 2017

    FOIA Exemption Protects Data About Well Depth Location, D.C. Circuit Court Says

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on May 9 affirmed a district court ruling that an exception to the Freedom of Information Act (FOIA) protects information about water wells (AquAlliance v. United States Bureau of Reclamation, No. 15-5325, D.C. Cir., 2017 U.S. App. LEXIS 8174).

  • May 10, 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.

  • May 10, 2017

    Many Claims In Dam Release Suit Mooted By Circuit Court Ruling In Similar Case

    FRESNO, Calif. — A recent ruling by the Ninth Circuit U.S. Court of Appeals resulted in a California federal judge on April 17 dismissing five water release claims as moot and prompted him to ask the parties to brief standing to bring the remaining three claims (San Luis & Delta-Mendota Water Authority, et al. v. Sally Jewell, et al., No. 15-1290, E.D. Calif., 2017 U.S. Dist. LEXIS 58365).

  • May 10, 2017

    Tribe’s Groundwater Suit Dismissed Unless United States Agrees To Become A Party

    PRESCOTT, Ariz. — Saying the United States is an indispensable party, an Arizona federal judge on April 18 dismissed a Native American tribe’s groundwater lawsuit against several parties with leave to amend in 90 days if the United States agrees to become a party (Havasupai Tribe v. Anasazi Water Company LLC, et al., No. 16-8290, D. Ariz., 2017 U.S. Dist. LEXIS 59046).

  • May 10, 2017

    Federal Circuit Affirms Dismissal Of Hage Water Right Claims On Federal Lands

    WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on April 20 affirmed the dismissal of two Nevada estates’ 26-year-old claim that they are entitled to compensation from the United States for allegedly taking water rights on federal lands (Estate of E. Wayne Hage, et al. v. United States, No. 16-1330, Fed. Cir., 2017 U.S. App.  LEXIS 7081).

  • May 10, 2017

    California Water Users Assert Standing In Takings Case Stemming From Water Holdback

    WASHINGTON, D.C. — Plaintiffs in a federal takings case on April 21 opposed a motion by the United States to dismiss their claim, saying they have standing as representatives of farmers who suffered crop loses when the federal government in 2014 curtailed water deliveries from the Friant Division of the Central Valley Project (City of Fresno, et al. v. United States of America, No. 16-1276, Fed. Clms.).

  • May 9, 2017

    Judge Sets Trial Date For Suit Alleging Incursion On Water System Territory

    SIOUX FALLS, S.D. — A South Dakota lawsuit in which a water system accuses a city of trying to infringe on its federally guaranteed right to supply water in four counties on May 5 was set for trial Aug. 28 by the presiding judge (Sioux Rural Water System, Inc. v. City of Watertown, et al., No. 15-1023, D. S.D., Northern Div., 2017 U.S. Dist. LEXIS 55801).

  • May 5, 2017

    Petitioners Brief Jurisdiction Of Clean Water Rule That United States Now Renounces

    WASHINGTON, D.C. — Although the federal government says it may rescind its Clean Water Rule, five parties on April 27 submitted opening briefs asking the U.S. Supreme Court to rule that legal challenges to the rule should be heard by various federal courts and not by a single U.S. circuit court of appeal (National Association of Manufacturers v. U.S. Department of Defense, et al., No. 16-299, U.S. Sup.).

  • May 5, 2017

    Parties In Klamath Water Takings Case Give No Ground In Their Post-Trial Briefs

    WASHINGTON, D.C. — Parties to a U.S. Federal Claims Court water takings case on April 18 filed post-trial briefs, with farmers and businesses reasserting that the federal government unconstitutionally withheld water in 2001 and the United States reasserting that there were no water rights and there was no taking of property (Lonny E. Baily, et al. v. United States, et al., No. 01-591L, John Anderson Farms, Inc., et al., No. 07-194C, Fed. Clms.).

  • April 27, 2017

    Tribe Says High Court Appeal Unlikely, Seeks 2nd Phase Of Groundwater Rights Case

    RIVERSIDE, Calif. — The Agua Caliente Band of Cahuilla Indians on April 25 asked a California federal court to proceed with the second phase of its underground water case, saying it’s unlikely that the U.S. Supreme Court will take up or reverse the Ninth Circuit U.S. Court of Appeals’ decision upholding the lower court ruling (Agua Caliente Band of Cahuilla Indians, et al. v. Coachella Valley Water District, et al., No. 13-883, C.D. Calif., Eastern Div.).

  • April 25, 2017

    Klamath Tribes Say Takings Class Is Ignoring Their Senior Water Rights

    WASHINGTON, D.C. — The Klamath Tribes on April 24 filed an amicus curiae brief in the U.S. Court of Federal Claims, arguing that its water rights in the Upper Klamath Basin in Oregon are senior to all others, including the United States of America and agricultural users in a class action suit (Lonny E. Baley, et al. v. United States, et al., No. 01-592L, John Anderson Farms, Inc., et al. v. United States, No. 07-194C, Fed. Clms.).

  • April 20, 2017

    Arizona Court’s Authority Over Verde River Superseded By Later Adjudication

    PHOENIX — An Arizona appeals panel on April 13 said that a former state territorial court lacks continuing jurisdiction over Verde River water appropriators because jurisdiction was superseded by a subsequent decree that covers a large river basin (United States of America v. Verde Ditch Company, et al., No. 1 CA-CV 15-0690, Ariz. App., Div. 1, 2017 Ariz. App. Unpub. LEXIS 402).

  • April 12, 2017

    California Water Contractors To Get 100 Percent Allocation, Reclamation Bureau Says

    WASHINGTON, D.C. — The U.S. Bureau of Reclamation announced April 11 that water contractors south of the Sacramento-San Joaquin River Delta will receive 100 percent of their contract amounts from the Central Valley Project thanks to “exceptional” snowfall in March.

  • April 12, 2017

    California Governor Lifts Drought Emergency Orders For All But 4 Counties

    SACRAMENTO, Calif. — California Gov. Edmund G. “Jerry” Brown Jr. on April 7 terminated the state’s three-year drought emergency for all counties except the counties of Fresno, Kings, Tulare and Tuolumne.

  • April 12, 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.

  • April 12, 2017

    Colorado Appeals Court Says It Lacks Jurisdiction To Hear Property/Water Appeal

    DENVER — A Colorado state appeals panel said April 6 that it lacked jurisdiction to hear an appeal of a default judgment in a property/water rights dispute between two neighbors (Stephen L. Allison, et al. v. Frank Engle, et al., No. 15CA1886, Colo. App., Div. 2, 2017 Colo. App. LEXIS 392).