Mealey's Water Rights

  • November 8, 2017

    Arizona Appeals Court: Landowner Wasn’t Given Water Rights Or Co-Op Privileges

    PHOENIX — An Arizona state appeals panel on Oct. 17 affirmed a trial court ruling that the acquisition of land within a water co-op did not give the owner water rights or membership in the co-op (Timothy A. Henline, et al. v. Gladstone E. Gregg, No. 1 CA-DV 16-0524, Ariz. App., Div. 1, 2017 Ariz. App. Unpub. LEXIS 1527).

  • November 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.

  • November 8, 2017

    Santa Clara Water District Conditionally Votes To Take Part In WaterFix Project

    SAN JOSE, Calif. — The Santa Clara Valley Water District on Oct. 17 voted to participate in the California WaterFix project, but with several conditions.

  • November 8, 2017

    Crow Creek Tribe Appeals Dismissal Of Water Takings Claim Against United States

    WASHINGTON, D.C. — A South Dakota Native American tribe on Oct. 10 filed an opening brief in a federal appeals court arguing that it should reinstate the tribe’s claims that the United States took its reserved federal water rights (Crow Creek Sioux Tribe v. United States, No. 17-2340, Fed. Cir.).

  • November 8, 2017

    Wisconsin Trial Judge Vacates 7 High-Capacity Well Approvals, Remands 1

    MADISON, Wis. — A Wisconsin state judge on Oct. 11 vacated state approval of seven high-capacity wells and ordered one remanded after determining that the Wisconsin Department of Natural Resources was not precluded from considering nonstatutory factors about how the well would affect groundwater and nearby waterways (Clean Wisconsin, Inc., et al. v. Wisconsin Department of Natural Resources, No. 16-CV-2817, et al., Wis. Cir., Dane Co.).

  • November 8, 2017

    California Governor Vetoes Bill Transferring Water Rights Enforcement To New Body

    SACRAMENTO, Calif. — California Gov. Edmund J. Brown Jr., D., on Oct. 15 vetoed a bill that would transfer water rights enforcement from State Water Resources Control Board (SWRCB) to a new Water Rights Division in the Office of Administrative Hearings (California Assembly Bill 313).

  • November 8, 2017

    Federal Claims Judge Stops Class Certification In Klamath Water Takings Case

    WASHINGTON, D.C. — A federal claims court judge on Oct. 23 instructed parties in a federal takings case to stop work on the class certification process after she entered judgment for the United States (Lonny E. Baley, et al. v. United States, No. 01-591, Fed. Clms.).

  • November 7, 2017

    Federal Claims Judge: United States Violated Takings Clause With Ranchers

    WASHINGTON, D.C. — A federal claims court judge on Nov. 3 affirmed her findings from a 2012 trial involving the right of a New Mexico cattle association to access stockwater in the Lincoln National Forest (Sacramento Grazing Association, Inc., et al. v. The United States, No. 04-786 L, Fed. Clms., 2017 U.S. Claims LEXIS 1381).

  • November 7, 2017

    Massachusetts Appeals Court Affirms $88.58M Court-Set Price For Water Company

    WASHINGTON, D.C. — The Massachusetts Appeals Court on Nov. 2 affirmed a trial court decision awarding a water company $88.58 million for a town’s statutory purchase of the company (Town of Hingham v. Aquarion Water Company of Massachusetts, Inc., et al., No. 16-P-985, Mass App., 2017 Mass. App. LEXIS 146).

  • November 6, 2017

    Solicitor General Allowed To Participate In High Court Florida/Georgia Arguments

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 6 granted a motion by the U.S. Solicitor General for leave to participate in oral argument as amicus curiae in the interstate groundwater dispute between Florida and Georgia (Florida v. Georgia, No. 142 Original, U.S. Sup.).

  • November 6, 2017

    Washington State Farmer Pays $80,000 For Illegal Water Use, Withholding Records

    OLYMPIA, Wash. — A Washington state berry farmer has agreed to pay $80,000 for illegal water use and refusing to supply water records, the Washington Department of Ecology reported Oct. 25 (Gurjant [George] Sandhu v. Washington Department of Ecology, Nos. P13-005-006, P16-049, P13-119, Wash. Pollution Control Hrng. Bd.).

  • November 6, 2017

    Tribe, United States Oppose High Court Review Of Groundwater Ruling

    WASHINGTON, D.C. — A California Native American tribe and the United States on Oct. 13 urged the U.S. Supreme Court to let stand a Ninth Circuit ruling that the tribe has a federally reserved right to groundwater under its reservation (Coachella Valley Water District, et al. v. Agua Caliente Band of Cahuilla Indians, et al., No. 17-40, Desert Water Agency, et al. v. Agua Caliente Band of Cahuilla Indians, et al., No. 17-42, U.S. Sup.)

  • November 3, 2017

    Massachusetts Appeals Court Affirms $88.58M Court-Set Price For Water Company

    WASHINGTON, D.C. — The Massachusetts Appeals Court on Nov. 2 affirmed a trial court decision awarding a water company $88.58 million for a town’s statutory purchase of the company (Town of Hingham v. Aquarion Water Company of Massachusetts, Inc., et al., No. 16-P-985, Mass App., 2017 Mass. App. LEXIS 146),

  • November 3, 2017

    Mississippi, Tennessee Told To Keep Trying To Focus Interstate Water Dispute

    CINCINNATI — The U.S. Supreme Court special master overseeing the Mississippi/Tennessee interstate water lawsuit on Nov. 1 issued new deadlines for the parties to agree on the scope of evidence and motions for summary judgment after the two states continued to disagree about those two issues (Mississippi v. Tennessee, et al., No. 143, Original, U.S. Sup.).

  • November 3, 2017

    U.S. Supreme Court To Weigh Appeal Of Native American Tribal Groundwater Rights

    WASHINGTON, D.C. — A petition by two California water districts asking the U.S. Supreme Court to resolve whether a Native American tribe has reserved rights to groundwater under its reservation was distributed Nov. 1 for the high court’s Nov. 21 conference, according to a docket entry (Coachella Valley Water District, et al. v. Agua Caliente Band of Cahuilla Indians, et al., Nos. 17-40 and 17-42, U.S. Sup.).

  • November 2, 2017

    Oregon Governor Asks For Withdrawal Of Nestle Water Exchange Application

    SALEM, Ore. — The Oregon governor on Oct. 27 asked the state Department of Fish and Wildlife to withdraw a water exchange application with the city of Cascade Locks, a move that creates an obstacle to the contentious sale of Cascade Locks’ water rights to water bottler Nestle Waters North America.

  • November 1, 2017

    Arizona Supreme Court Affirms State Has Authority Over Percolating Groundwater

    CARSON CITY, Nev. — The Arizona Supreme Court on Oct. 13 affirmed a trial court ruling that the state engineer has authority under law over percolating groundwater (John F. Bosta, et al. v. Jason King, et al., No. 68448, Nev. Sup., 2017 Nev. Unpub. LEXIS 894).

  • October 26, 2017

    Interior Department Doesn’t Expect To Help Build, Fund California WaterFix

    WASHINGTON, D.C. — The U.S. Interior Department on Oct. 25 issued a statement saying that while it supports California’s water goals, “the Department under the current state proposal does not expect to participate in the construction or funding of the [California] Water Fix.”

  • October 12, 2017

    Environmental Groups Challenge California WaterFix On Endangered Species Grounds

    SACRAMENTO, Calif. — Four California environmental groups on Sept. 22 started a legal action aimed at the California WaterFix by suing the California Department of Fish and Wildlife for allegedly violating the California Endangered Species Act (CESA) (Bay.Org, et al. v. California Department of Fish and Wildlife, et al., No. 34-2017-80002695, Calif. Super., Sacramento Co.).

  • October 12, 2017

    Metropolitan’s ‘Farm Leases’ Are Really ‘Water Farms,’ Palo Verde District Says

    RIVERSIDE, Calif. — A California irrigation district on Sept. 20 filed an amended petition for a writ of mandate in state court, seeking a declaration that land leases approved by the Metropolitan Water District of Southern California (MWD) are “projects” subject to the requirements of the California Environmental Quality Act (CEQA), Calif. Pub. Res. C. § 21000 et seq. (Palo Verde Irrigation District v. Metropolitan Water District of Southern California, et al., No. RIC 1714672, Calif. Super., Riverside Co.).