Mealey's Water Rights

  • April 13, 2020

    Nevada High Court Reverses $50,025 Fee Award In Water Rights Case Filed Too Late

    CARSON CITY, Nev. — The Nevada Supreme Court on March 27 reversed a $50,025 attorney fee award in a water rights case, finding that the successful plaintiff waited too long to seek fees (Tim Wilson, P.E., et al. v. Rodney St. Clair, No. 77651, Nev. Sup., 2020 Nev. Unpub. LEXIS 340).

  • April 13, 2020

    City, Water Districts Can Sue U.S. For Breach Of Contract But Not For Unlawful Taking

    WASHINGTON, D.C. — The U.S. Court of Federal Claims on March 25 said Fresno, Calif., and 17 irrigation districts can pursue their claims that the United States breached a water contract in 2014 by curtailing water deliveries, but dismissed their claims of unconstitutional taking (Fresno v. United States, No. 16-1276L, Fed. Clms., 2020 U.S. Claims LEXIS 444).

  • April 13, 2020

    Judge: Oregon Overstepped Authority To Regulate Critical Groundwater Areas

    SALEM, Ore. — An Oregon state court judge on March 10 granted partial summary judgment to a couple who sued the Oregon Water Resources Department for restricting their groundwater rights in favor of surface water rights (Troy Brooks, et al. v. Thomas Byler, et al., No. 19CV27798, Ore. Cir., Marion Co.).

  • April 08, 2020

    Panel:  Groups’ Santa Clara River Concerns Raised In ‘Insufficient Manner’

    LOS ANGELES — A California appellate panel in an April 3 unpublished opinion ruled that groups raised their concerns over the environmental impact that a residential development would have on the Santa Clara River in “an insufficient manner to satisfy settled exhaustion principles” and, therefore, denied their petition for a writ of mandate (Friends of the Santa Clara River, et al. v. Los Angeles, et al., No. B296547, Calif. App., 2nd Dept., Div. 5, 2020 Cal. App. Unpub. LEXIS 2129).

  • March 26, 2020

    Due Process Claims In Water Case Against Officials Dismissed By Federal Judge

    SACRAMENTO, Calif. — A California federal judge on March 24 dismissed with prejudice an eight-year-old due process lawsuit by a couple who claimed that county officials criminally prosecuted one of them over an irrigation ditch on their property and then acted improperly by delaying their application to amend their water license (Irvine H. Leen, et al. v. Harold M. Thomas, et al., No. 12-1627, E.D. Pa., 2020 U.S. Dist. LEXIS 51078).

  • March 23, 2020

    U.S. Solicitor General Will Take Part In Texas-New Mexico High Court Arguments

    WASHINGTON, D.C. — The U.S. Supreme Court on March 23 granted the U.S. solicitor general leave to participate in April 21 oral arguments on a motion to review a river master’s final determination in an interstate water dispute among Texas, New Mexico and Colorado (Texas v. New Mexico, et al., No. 141, Original, U.S. Sup.).

  • March 11, 2020

    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 11, 2020

    California Water Contractors Move To Intervene In Biological Opinion Challenge

    SAN FRANCISCO — California State Water Contractors (SWC) on March 3 moved to intervene in a lawsuit that challenges a 2019 biological opinion that will govern the operation of two large water projects in the state (Pacific Coast Federation of Fisherman’s Association, et al. v. Wilbur Ross, et al., No. 19-7897, N.D. Calif.).

  • March 11, 2020

    Arizona Tribe Sues 2 Water Districts, Says Poor-Quality Water Violates Law

    PHOENIX — An Arizona native American tribe on March 6 sued two state water districts in federal court, seeking an injunction against commingling “lesser quality” water with Central Arizona Project water to which the tribe is entitled by law and under contract (Ak-Chin Indian Community v. Maricopa-Stanfield Irrigation & Drainage District, et al., No. 20-489, D. Ariz.).

  • March 11, 2020

    Trump: Repeal Of Clean Water Rule ‘Gave Farmers Their Land Back’

    BAKERSFIELD, Calif. — President Donald Trump on Feb. 19 told California farmers that when he signed a replacement of the 2015 Clean Water Rule, farmers in attendance cried because “I gave them their land back.  I gave them their rights back,” according to a White House transcript.

  • March 11, 2020

    Closing Arguments Heard In Mississippi-Tennessee Interstate Water Case

    NASHVILLE, Tenn. — A U.S. Supreme Court special master on Feb. 25 heard closing arguments in Mississippi’s original jurisdiction lawsuit alleging that Tennessee and the city of Memphis are taking groundwater that rightfully belongs to Mississippi (Mississippi v. Tennessee, et al., No. 143, Orig., U.S. Sup.).

  • March 10, 2020

    Colorado Appeals Court: Farm’s Application Implicates New Water Use Under Law

    DENVER — A Colorado state appeals court panel on Feb. 13 reversed approval of a land use application because it implicates a “new water use” under state law that must be quantified by the applicant and by a county land use department (Sara Susie Hajek v. Board of County Commissioners for Boulder County, et al., No. 18-ca-2454, Colo. App., Div. II, 2020 Colo. App. LEXIS 266).

  • March 10, 2020

    Judge: Mining Company Can’t Argue It Didn’t Forfeit Its Water Rights

    TUCSON, Ariz. — An Arizona federal judge on March 5 collaterally estopped a mining company from arguing that it had not forfeited its rights under a water decree and ruled alternatively that the company forfeited its water rights by admitting to nonuse of the water for more than five years (Gila River Indian Community v. Freeport Minerals Corporation, No. 17-626, D. Ariz., 2020 U.S. Dist. LEXIS 39426).

  • March 10, 2020

    California Water District Sues Another District Over Poor-Quality Water Substitute

    FRESNO, Calif. — California’s James Irrigation District(JID) on Feb. 25 filed a declaratory action complaint in state court against the Westlands Water District, alleging that it violated a state environmental quality law in approving a program that will allegedly replace “high-quality” surface water with lower-quality groundwater for irrigation purposes (James Irrigation District, et al. v. Westlands Water District, No. 20CECG00688, Calif. Super., Fresno Co.).

  • February 24, 2020

    U.S. High Court Will Review Texas-New Mexico Water Report On April 21

    WASHINGTON, D.C. — The U.S. Supreme Court on Feb. 24 said it will hear oral arguments April 21 on a motion to review a river master’s final determination in an interstate water dispute among Texas, New Mexico and Colorado (Texas v. New Mexico, et al., No. 141, Original, U.S. Sup.).

  • February 24, 2020

    California Sues United States For Issuing Defective Endangered Species Opinions

    SAN FRANCISCO — California on Feb. 20 sued the United States in federal court alleging that the federal government violated the Endangered Species Act, the Administrative Procedure Act and the National Environmental Policy Act of 1969 by adopting biological opinions in 2019 without adequately considering environmental impacts (California Natural Resources Agency, et al. v. Wilbur Ross, et al., No. 20-1299, N.D. Calif.).

  • February 12, 2020

    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 12, 2020

    California WaterFix Project Replaced By The Delta Conveyance Project

    SACRAMENTO, Calif. — The California Department of Water Resources (DWR) on Jan. 15 announced in a press release the start of the Delta Conveyance Project to modernize the water infrastructure of the Sacramento-San Joaquin River Delta, starting with a California Environmental Quality Act (CEQA), Pub. Res. Code § 21000 et seq., review.

  • February 12, 2020

    EPA, Army Corps Publish Another Rule To Replace 2015 Clean Water Rule

    WASHINGTON, D.C. — Another attempt to replace the 2015 Clean Water Rule — The Navigable Waters Protection Rule:  Definition of “Waters of the United States” — was unveiled Jan. 23 by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers.

  • February 11, 2020

    California Landowner Says Adjudication Court’s Solution Strips Vested Water Rights

    FRESNO, Calif. — A California landowner on Jan. 24 appealed a water adjudication order that it says violates norms under the state constitution and is unfair to it (Antelope Valley Groundwater Cases, No. F075451, Calif. App., 5th Dist., 2020 Ca. App. Ct. Briefs LEXIS 378).

Can't find the article you're looking for? Click here to search the Mealey's Water Rights archive.