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Mealey's Water Rights

  • April 9, 2019

    California Appeals Court: No Duty To Require Reasonable Use Of Recycled Water

    LOS ANGELES — Two California water regulators have no duty to ensure that recycled water is put to reasonable use and not for water-intensive, non-native crops, a California appeals court ruled March 12 (Wishtoyo Foundation v. State Water Resources Control Board, Nos. B285271 and B286465, Calif. App., 2nd Dist., Div. 8, 2019 Cal. App. Unpub. LEXIS 1704).

  • April 9, 2019

    United States Moves To Dismiss Tribe’s Federal Water Rights Lawsuit

    WASHINGTON, D.C. — The United States on March 22 moved to dismiss a water rights lawsuit filed by a Utah native American tribe (Ute Indian Tribe of the Uintah and Ouray Indian Reservation v. United States Department of Interior, et al., No. 18-547, D. D.C.).

  • April 9, 2019

    Ohio Federal Judge Denies Injunction Against 2015 Clean Water Rule

    CINCINNATI — After a four-year journey that indirectly went through the U.S. Supreme Court, an Ohio federal judge on March 26 denied a motion by three states for a preliminary injunction against the Clean Water Rule:  Definition of "Waters of the United States," 80 Fed. Reg. 37,054, June 29, 2015, finding that the states failed to show that they will suffer irreparable harm while the current administration wrestles with the creation of a new rule (Ohio, et al. v. United States Environmental Protection Agency, et al., No. 15-2467, S.D. Ohio, Eastern Div., 2019 U.S. Dist. LEXIS 50603).

  • April 9, 2019

    Utah, Bureau Of Reclamation Sign Contract Exchanging Green River, Dam Water

    ST. GEORGE, Utah — Utah and the U.S. Bureau of Reclamation on March 20 formalized the Green River Water Rights Exchange contract, according to a bureau press release.

  • April 9, 2019

    United States Sues California Water Board Over Delta Water Control Plan

    SACRAMENTO, Calif. — The United States on March 28 filed twin lawsuits in California federal and state courts alleging that the State Water Resources Control Board’s (SWRCB) December adoption of a water quality control plan for the San Francisco Bay/Sacramento-San Joaquin Delta violates the California Environmental Quality Act (CEQA), Pub. Res. Code § 21000 et seq. (United States v. State Water Resources Control Board, et al., No. 19-at-326, E.D. Pa., Sacramento Div., United States v. State Water Resources Control Board, et al., No. 34-2019-80003111, Calif. Super., Sacramento Co.).

  • April 9, 2019

    ‘Pre-Federal’ Claimants Move To Intervene In Interstate Water Dispute

    WASHINGTON, D.C. — An estate and seven individuals who describe themselves as “pre-federal” water claimants in the Rio Grande basin on March 20 filed a motion with the U.S. Supreme Court to intervene in an interstate dispute between Texas and New Mexico and Colorado (Texas v. New Mexico, et al., No. 141, Original, U.S. Sup.).

  • April 9, 2019

    United States Drops Appeal Of Rulings Suspending Clean Water Rule Replacement

    The United States on March 8 withdrew two appeals of federal court rulings vacating the Trump administration’s so-called Suspension Rule for the Clean Water Rule:  Definition of "Waters of the United States," 80 Fed. Reg. 37,054, June 29, 2015, and told another court that lawsuits pending there about the rule are moot and should be dismissed.

  • April 9, 2019

    Arizona Federal Judge: Tribe Is Entitled To Extra 10,000 Acre-Feet Of Water By Law

    PHOENIX — An Arizona federal judge on March 26 ruled that the operator of the Central Arizona Project is obliged to deliver an extra 10,000 acre-feet of water to a Native American tribe under terms of a 1984 water rights settlement (Ak-Chin Indian Community v. Central Arizona Water Conservation District, No. 17-918, D. Ariz., 2019 U.S. Dist. LEXIS 50436).

  • April 5, 2019

    Washington Appeals Court Affirms Validity Of State’s Water ‘Dungeness Rule’

    TACOMA, Wash. — A Washington state appeals court on April 2 affirmed that the Washington Department of Ecology did not exceed its statutory authority in adopting the so-called Dungeness Rule or show that the department acted in an arbitrary or capricious manner in doing so (Magdalena T. Bassett, et al. v. The Department of Ecology, No. 51221-1-II, Wash. App., Div. 2, 2019 Wash. App. LEXIS 810).

  • April 1, 2019

    Arizona High Court Says State Commission Lacks Authority Over Water Utility Taking

    PHOENIX — The Arizona Supreme Court on March 28 ruled that the Arizona Corporation Commission does not have authority over a city’s condemnation of a water company (Surprise v. Arizona Corporation Commission, et al., No. CV-18-0137-SA, Ariz. Sup., 2019 Ariz. LEXIS 84).

  • March 29, 2019

    California Appeals Court: Water Districts Can Raise Rates For Unfunded Mandates

    SACRAMENTO, Calif. — A California appeals court on March 28 said six water districts cannot use subvention to get the state government to pay for unfunded water mandates because the districts are able to recoup added costs by raising their water rates (Paradise Irrigation District, et al. v. Commission on State Mandates, et al., No. C081929, Calif. App., 3rd Dist., 2019 Cal. App. LEXIS 227).

  • March 25, 2019

    California Appeals Court: Water Districts Can Raise Rates For Unfunded Mandates

    SACRAMENTO, Calif. — A California appeals court on March 20 said six water districts cannot use subvention to get the state government to pay for unfunded water mandates because the districts are able to recoup added costs by raising their water rates (Paradise Irrigation District, et al. v. Commission on State Mandates, et al., No. C081929, Calif. App., 3rd Dist., 2019 Cal. App. LEXIS 227).

  • March 13, 2019

    Last Claims In Interdistrict Water Lawsuit Dismissed By Stipulation

    SAN BERNARDINO, Calif. — The last remaining plaintiffs in an interdistrict water dispute were dismissed after the parties reached a settlement, a California state court was told March 1 (San Bernardino Valley Municipal Water District, et al. v. San Gabriel Valley Water Company, et al., No. CIVDS13111085, Calif. Super., San Bernardino Co.).

  • March 13, 2019

    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 13, 2019

    California Water Resources Ordered To Decide Whether To ‘Freeze’ WaterFix Plans

    FRESNO, Calif. — A California federal judge on March 11 ordered California’s Department of Water Resources (DWR) to say by March 22 whether it agrees to freeze all preparation work for the state’s WaterFix project (Bay.org v. David Bernhardt, et al., No. 17-1176, E.D. Calif., 2019 U.S. Dist. LEXIS 38788).

  • March 12, 2019

    Colorado Supreme Court: 1909 Water Decree Is Not Enforceable Without Indicia

    DENVER — The Colorado Supreme Court on Feb. 25 affirmed a state water court ruling that a 1909 water decree cannot be enforced by a water user because the decree lacks “indicia of enforceability” such as an appropriation date, a priority number and quantification (Donald E. Dill, et al. v. Yamasaki Ring, LLC, et al., No. 17SA231, Colo. Sup., 2019 Colo. LEXIS 165).

  • March 12, 2019

    Nevada State Engineer Asks High Court To Reinstate Water Relinquishment Order

    CARSON CITY, Nev. — Nevada State Engineer Tim Wilson on Feb. 19 asked the Nevada Supreme Court to find that a state trial court erred in overruling an order that calls for a certain amount of water to be relinquished in exchange for relinquishing rights to an annual amount of water (Tim Wilson, et al. v. Pahrump Fair Water, LLC, et al., No. 77722, Nev. Sup.).

  • March 12, 2019

    Federal Water Master In Truckee-Carson Water Case Seeks Guidance On ‘Credits’

    RENO, Nev. — A federal water master for the Truckee River on Feb. 28 asked a Nevada federal court for further guidance on the categories of water eligible for recoupment by the United States and the Pyramid Lake Paiute Tribe (United States v. Board of Directors, Truckee-Carson Irrigation District, et al., No. 95-757, D. Nev.).

  • March 12, 2019

    Montana Supreme Court Denies Motion For Out-Of-Time Water Rights Appeal

    HELENA, Mont. — The Montana Supreme Court on Feb. 19 denied a motion by a water rights claimant to file an out-of-time appeal of a state water court denial of his claims as unsupported by evidence (Tom Pratt, et al. v. Russell E. Blalack, No. DA 19-0086, Mont. Sup., 2019 Mont. LEXIS 86).

  • March 12, 2019

    California Appeals Court: Water Rights Delicensing Challenge Filed Too Late

    SAN FRANCISCO — A California appeals panel on Feb. 22 reversed a trial court ruling in an abandoned water rights case, finding that a water district’s petition for a peremptory writ of mandate was untimely (Millview County Water District v. State Water Resources Control Board, et al., No. A146605, Calif. App., 1st Dist., Div. 1, 2019 Cal. App. LEXIS 152).

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