Mealey's Water Rights

  • April 07, 2021

    California Appeals Court Affirms Physical Solution In Antelope Valley Water Case

    FRESNO, Calif. — A California appeals panel on March 16 affirmed a ruling by a coordinated court that a physical solution to groundwater use in the state’s Antelope Valley Groundwater Basin does not violate state law or infringe on the water rights of a class of landowners who own property above the aquifer but who do not use the groundwater.

  • April 07, 2021

    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 07, 2021

    California Appeals Court Affirms Eminent Domain Action For Water Project

    SAN FRANCISCO — A California appeals court on March 30 affirmed the taking of private property for a public water project in an eminent domain action.

  • April 07, 2021

    Judge: Los Angeles Must Do Environmental Review Before Making Water Lease Changes

    ALAMEDA, Calif. — A California state court judge on March 8 issued a writ of mandate ordering the Los Angeles Department of Water and Power (LADWP) to comply with the California Environmental Quality Act (CEQA), saying the department’s proposed change in water use leases on 6,400 department-owned acres in Mono County constitutes a “project” subject to review under the CEQA.

  • April 07, 2021

    Pueblos Ask Court To Revoke Trump Administration Water Rule Regulations

    ALBUQUERQUE, N.M. — The Trump administration’s repeal and replacement of the 2015 Clean Water Rule unlawfully took away pollution protection for most of the New Mexico desert arroyos that for years have been “channels for life-giving water in times of rain or snowmelt” for Native Americans, two pueblos say in a March 26 federal court lawsuit seeking to have the new regulations tossed.

  • April 01, 2021

    U.S. Supreme Court Unanimously Rejects Florida’s Water Suit Against Georgia

    WASHINGTON, D.C. — The U.S. Supreme Court on April 1 unanimously ruled that Florida has not proved that Georgia’s alleged overconsumption of interstate water resources resulted in the collapse of Florida’s bay oyster industry, overruled Florida’s exceptions to a special master’s report and dismissed the original jurisdiction case.

  • March 25, 2021

    Environmental Groups Sue United States To Vacate OK For Desert Water Pipeline

    LOS ANGELES — Three environmental groups on March 23 sued the United States seeking to have the U.S. District Court for the Central District of California vacate a last-minute Trump administration right-of-way for a for-profit water project that the plaintiffs say will draw down an aquifer, further dry up a lakebed and produce airborne pollution.

  • March 17, 2021

    Insurer Files Class Action Against Shkreli, Others For Daraprim Monopoly

    NEW YORK — Blue Cross and Blue Shield of Minnesota (BCBSM) on March 4 filed a nationwide class action against two drug companies and two former executives, including Martin Shkreli, in Pennsylvania federal court, alleging that the defendants conspired to create and maintain a monopoly for the drug Daraprim and to raise the drug’s price from $17.50 per tablet to $750 per tablet.

  • March 10, 2021

    Texas Attorney General Can’t Determine Water District Boundary Line

    AUSTIN, Texas — The Texas attorney general on Feb. 22 told a state senator that a county appraisal district cannot determine the boundary between two neighboring water districts but neither can the attorney general.

  • March 10, 2021

    Mississippi, Tennessee File Exceptions To Special Master’s Report On Water Dispute

    WASHINGTON, D.C. — Mississippi and Tennessee on Feb. 22 filed special exceptions to a U.S. Supreme Court special master’s report on their interstate water dispute, with Mississippi urging the high court to reject the entire report and Tennessee asking the court to reject only the portion of the report that recommends allowing Mississippi to file an amended complaint for equitable apportionment of groundwater underlying the two states.

  • March 09, 2021

    Supreme Court Won’t Review ‘Quasi-Legislative’ California Water Rule Changes

    WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 22 denied a petition to review whether California can invoke emergency “quasi-legislative regulation” to curtail the petitioner’s historic use of water from a creek because the state deemed that use “unreasonable.”

  • March 09, 2021

    California Water District Appeals Water Rate Judgment As Illegal, Unfair

    SAN FRANCISCO — The Metropolitan Water District of Southern California on Feb. 9 told a state appeals court that a water rate judgment against it exceeds the trial court’s authority and that a writ of mandate improperly applies to future water rates that are not yet in dispute.

  • March 09, 2021

    Multiplaintiff, Interstate Or Notable Water Rights Cases

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

  • March 09, 2021

    Judge: States’ Suit Against 2015 Clean Water Rule Mooted By New Rule

    GALVESTON, Texas — After nearly six years of litigation and two administration changes, a Texas federal judge on March 2 dismissed without prejudice a lawsuit by three states challenging the Obama administration’s 2015 Clean Water Rule because the rule was repealed by the Trump administration in 2020.

  • March 09, 2021

    Nevada Supreme Court Dismisses Water Permit Appeal As Moot

    CARSON CITY, Nev. — The Nevada Supreme Court on Feb. 19 dismissed as moot an appeal by Eureka County of a district court’s amendment of a state engineer’s water rights ruling for Sadler Ranch LLC.

  • March 09, 2021

    Nevada Supreme Court Upholds State Restriction On Well Drilling Permits

    CARSON CITY, Nev. — Thirteen months after hearing arguments, the Nevada Supreme Court on Feb. 25 said that the state engineer’s restriction on water well drilling permits in the Pahrump basin is authorized by state law and supported by evidence and that a public hearing on the restriction was not required.

  • March 09, 2021

    9th Circuit: Court Erred In Staying U.S. CEQA Claim Against Water Board

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Feb. 24 said a district court abused its discretion in partially staying the United States’ lawsuit against the California State Water Resources Control Board (SWRCB) because there is little evidence that the government was forum-shopping when it filed a parallel lawsuit in California state court.

  • March 09, 2021

    Nevada Supreme Court Hears Chief Justice’s Petition For Possible State Water Court

    CARSON CITY, Nev. — The Nevada Supreme Court on March 2 conducted a hearing on a petition by the court’s chief justice to consider creation of a commission to study the adjudication of water law cases in Nevada courts.

  • March 09, 2021

    10th Circuit Vacates Injunction Against Trump-Era Clean Water Rule

    DENVER — The 10th Circuit U.S. Court of Appeals on March 2 vacated a federal district court’s preliminary injunction against enforcement of the Navigable Waters Protection Rule:  Definition of Waters of the United States, 85 Fed. Reg. 22,250, Apr. 21, 2020, (the 2020 Rule pr NWPR), saying the lower court abused its discretion by finding that the Trump administration’s version of the Clean Water Rule threatened irreparable harm to the State of Colorado.

  • March 04, 2021

    Special Master Lists Questions For Hearing In Rio Grande High Court Water Case

    CEDAR RAPIDS, Iowa — A federal circuit court judge sitting as a U.S. Supreme Court special master in the Texas-New Mexico interstate water dispute on March 2 issued an order outlining questions he wants the parties to address during a March 9 hearing on whether the United States should be allowed to intervene in a Texas-New Mexico-Colorado water dispute and, if so, to what extent.

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