Mealey's Water Rights
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July 18, 2018
United States To Court: Wait Until New Clean Water Rule Can Be Finalized
BISMARCK, N.D. — The United States on July 16 opposed a motion for summary judgment in a Clean Water Rule case in North Dakota federal court (North Dakota, et al. v. United States Environmental Protection Agency, et al., No. 15-59, D. N.D.).
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July 18, 2018
California State Secretary Asks Congress Not To Limit WaterFix Litigation
SACRAMENTO, Calif. — California’s secretary of natural resources on July 17 sent a letter to four congressmen opposing an appropriations bill rider that would preclude lawsuits involving the California WaterFix Project.
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July 18, 2018
Multiplaintiff, Interstate Or Notable Water Rights Cases
New developments in the following multiplaintiff, interstate or notable water rights cases are marked in boldface type.
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July 18, 2018
2 Environmental Groups Appeal Injunction Of Clean Water Rule
BRUNSWICK, Ga. — Two environmental groups on July 17 filed a notice that they will appeal the preliminary injunction a Georgia federal judge entered against the Clean Water Rule: Definition of “Waters of the United States,” 80 Fed. Reg. 37,054 (June 29, 2015) (Georgia, et al. v. Scott Pruitt, et al., No. 15-79, S.D. Ga., Brunswick Div.).
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July 17, 2018
Mississippi Tells Special Master That Groundwater Isn’t An Interstate Resource
CINCINNATI — Mississippi on July 6 urged a U.S. Supreme Court special master to deny a summary judgment motion by Tennessee and related defendants in an interstate groundwater dispute, saying the defendants erroneously premise their motion on the notion that the litigation involves one big aquifer instead of separate ones (Mississippi v. Tennessee, et al., No. 143, Original, U.S. Sup.).
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July 17, 2018
United States Seeks Judgment On New Applicability Date For Clean Water Rule
NEW YORK — The United States on June 28 opposed motions by New York, nine other states and two environmental groups for summary judgment striking a new federal rule that would delay the implementation of the Clean Water Rule until 2020 (State of New York et al. v. E. Scott Pruitt, et al., No. 18-1030, Natural Resources Defense Council, Inc., et al. v. Environmental Protection Agency, et al., No. 18-1048, S.D. N.Y.).
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July 17, 2018
New Mexico Engineer Faces Mandamus Action For Fracking Groundwater Permits
SANTA FE, N.M. — New Mexico’s Public Lands Commissioner on June 21 asked a state court to issue an alternative writ of mandamus requiring the state engineer to explain why he is issuing multiple permits for the temporary use of underground public waters for oil and gas fracking (State of New Mexico, ex rel. Aubrey Dunn, et al. v. Tom Blaine, et al., No. D-101-CV-2018-01830, N.M. Dist., Santa Fe Co.).
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July 17, 2018
Colorado High Court: Coors Brewing Has No Right To Reuse Water Without New Rights
DENVER — The Colorado Supreme Court on June 25 said Coors Brewing Co. may not reuse water it draws from streams without first seeking a new water right (Coors Brewing Co. v. City of Golden, No. 2018 CO 63, Colo. Sup., 2018 CO 63).
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July 17, 2018
Mediation Of Native American Groundwater Suit Fails, Parties Tell Judge
RIVERSIDE, Calif. — Parties in a California groundwater dispute on June 18 told a federal judge that despite three mediation sessions, they were unable to reach a resolution (Agua Caliente Band of Cahuilla Indians, et al. v. Coachella Valley Water District, et al., No. 13-883, C.D. Calif.).
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July 17, 2018
Army Corps Seeks Final Judgment In Rio Grande Water Project Species Lawsuit
ALBURUERQUE, N.M. — The U.S. Army Corps of Engineers on July 3 asked a New Mexico federal judge to reconsider his June 6 order and grant final judgment against WildEarth Guardians in the environmental group’s lawsuit claiming the Corps’ operation of the Middle Rio Grande Project is harming an endangered fish and bird on the Rio Grande River (WildEarth Guardians v. United States Army Corps of Engineers, et al., No. 14-666, D. N.M.).
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July 17, 2018
Utah Appeals Court: User Can’t Use Diligence Claim To Expand Water Right
SALT LAKE CITY — A Utah Court of Appeals panel on June 14 affirmed a lower court ruling that a water rights holder cannot assert a diligence claim to expand an original water right and that he and his predecessor did not timely object to an adjudication years earlier (Utah State Engineer, et al. v. Evan Johnson, No. 20160547, Utah App., 2018 Utah App. LEXIS 130).
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July 17, 2018
Nestle Gets New Permit To Take Water From San Bernardino National Forest
SAN BERNARDINO, Calif. — The U.S. Forest Service on June 27 said it has issued a new three-year occupancy permit to Nestle Water North America to take water from the Strawberry Creek watershed in the San Bernardino National Forest.
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July 17, 2018
Manitoba Drops Appeal In Water Project Suit In Return For Role On Management Team
WASHINGTON, D.C. — The province of Manitoba and the U.S. Interior Department on June 22 told the District of Columbia U.S. Circuit Court of Appeals that they resolved Manitoba’s 16-year-old lawsuit over the Canadian province’s participation in the operation of the Northwest Area Water Supply (NAWS) project (Manitoba, et al. v. Ryan Zinke, et al., No. 17-5241, D.C. Cir.).
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July 17, 2018
Montana Water Court Backs Special Master’s Nonuse Ruling
BOZEMAN, Mont. — The Montana Water Court on June 19 adopted a special master’s report rejecting objections to five water right claims for alleged nonuse (Gene J. Klamert, No. 40B-1, Mont. Water, Lower Missouri Div., 2018 Mont. LEXIS 4).
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July 12, 2018
California Appeals Court Affirms Ruling Preserving Hetch Hetchy Reservoir
FRESNO, Calif. — A California appeals court on July 9 affirmed that an environmental group’s effort to get a reservoir in Yosemite National Park torn down is preempted by federal law and that the statute’s savings clause does not allow the effort to be rescued by state water law (Restore Hetch Hetchy v. San Francisco, et al., No. F074107, Calif. App., 5th Dist.).
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July 12, 2018
Metropolitan Water District Votes Again To Provide $10.8B For WaterFix Project
LOS ANGELES — The Metropolitan Water District of Southern California (MWDSC) on July 10 took a new vote to supply $10.8 billion to fully fund the California WaterFix project.
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July 5, 2018
With Water Defense Struck, Rancher Must Pay $587,294 For Unauthorized Grazing
LAS VEGAS — A Nevada federal judge on July 3 denied a motion by a rancher to stay the United States’ collection of a $587,294 judgement for unauthorized grazing of cattle on federal land (United States v. Wayne N. Hage, et al., No. 07-1154, D. Nev., 2018 U.S. Dist. LEXIS 110689).
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July 5, 2018
Arizona Appeals Court: 3 Water Users Can’t Appeal Administrative Ruling
PHOENIX — An Arizona state appeals court panel on July 3 said three water users cannot appeal an administrative law judge’s finding that their water rights are not adversely affected by the state’s issuance of water permits to another water user’s group (Paloma Irrigation & Drainage District v. Salt River Valley Water Users’ Association, No. CA-CV-17-0215, Ariz. App., Div. 1, 2018 Ariz. App. Unpub. LEXIS 966).
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June 27, 2018
Siding With Florida, U.S. Supreme Court Remands Water Dispute
WASHINGTON, D.C. — A special master overseeing a longstanding water rights dispute between Florida and Georgia employed “too strict a standard” when determining that Florida must show by clear and convincing evidence that an appropriate equitable decree is possible, the U.S. Supreme Court ruled June 27 (Florida v. Georgia, No. 142 Original, U.S. Sup.).
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June 13, 2018
15 Business Amici Support Summary Judgment In States’ Clean Water Rule Case
BISMARCK, N.D. — Fifteen business and agricultural associations on June 12 filed an amicus curiae brief in a North Dakota federal court in support of a motion by 14 states for summary judgment against the Clean Water Rule (North Dakota, et al. v. United States Environmental Protection Agency, et al., No. 15-59, D. N.D.).