Mealey's Water Rights
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September 28, 2022
California Appeals Court: Well Users’ Suits Against Planned Wells Is Speculative
SACRAMENTO, Calif. — A California state appellate court affirmed the dismissal without leave to amend two lawsuits by landowners who sought a declaratory judgment that they had overlying rights to pump groundwater that have priority over wells planned by the city of Lincoln, Calif., for several large subdivisions, saying the complaints are not ripe for adjudication.
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September 14, 2022
California Appeals Court: State Water Board Can’t Curtail Pre-1914 Water Rights
SAN JOSE, Calif. — A California state appeals court on Sept. 12 ruled that the state water code does not authorize the State Water Resources Control Board (SWRCB) to curtail water diversions by holders of pre-1914 water rights during time of drought.
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September 09, 2022
9th Circuit: Klamath Water Case Requires Tribes, But They Have Sovereign Immunity
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Sept. 8 affirmed dismissal of a declaratory action by Klamath Project water users because two tribes are required parties but cannot be joined because of their sovereign immunity.
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September 07, 2022
Ohio, Tennessee Tell 6th Circuit 2015 Clean Water Rule Needs To Be Extinguished
CINCINNATI — Ohio and Tennessee on Aug. 11 told the Sixth Circuit U.S. Court of Appeals that “there remains a ‘fair prospect’ that the 2015 Clean Water Rule, Definition of ‘Waters of the United States,’ will again take effect” in their states absent a district court ruling invalidating the rule.
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September 07, 2022
3 California Water Districts Seek To Enjoin State’s Delta Water Curtailment Orders
SACRAMENTO, Calif. — Three California water districts on Aug. 19 filed a petition for a writ of mandate seeking declaratory and injunctive relief against the California State Water Resources Control Board (SWRCB) for issuing and renewing water curtailment orders.
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September 07, 2022
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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September 07, 2022
Idaho Lawmakers Allowed To Intervene In Federal Water Forfeiture Case
BOISE, Idaho — An Idaho federal judge on Sept. 2 allowed the Idaho Legislature to intervene in a lawsuit in which the United States seeks a declaration that the state cannot declare that the federal government forfeited its water rights on federal lands.
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September 06, 2022
Ute Tribe Appeals Dismissal Of Federal Claims Court Water Rights Action
WASHINGTON, D.C. — A Native American tribe on Aug. 30 told the Federal Circuit U.S. Court of Appeals that the Federal Claims Court erred in ruling that the United States had no trust duties to protect the tribe’s water rights on its Utah reservation.
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September 06, 2022
Ute Tribe OK’d To File Amended Complaint About Its Federal Water Rights
SALT LAKE CITY — A Utah federal magistrate judge on Aug. 22 issued an opinion allowing the Ute Indian Tribe of the Uintah and Ouray Reservation to file a third amended complaint against the United States and Utah for allegedly discriminating against the tribe’s water rights.
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September 06, 2022
Texas/New Mexico/Colorado High Court Water Case To Settle Or Face Trial Sept. 27
CEDAR RAPIDS, Iowa — A U.S. Supreme Court special master on Aug. 26 scheduled a Sept. 27 status conference during which Texas, New Mexico and Colorado are to address whether they have settled their nine-year-old interstate water dispute or if a trial will take place next year.
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September 06, 2022
New Mexico Appeals Court Reverses Collateral Estoppel Against Water Permit
ALBUQUERQUE, N.M. — The New Mexico Court of Appeals on Aug. 11 said a trial court erred in determining that collateral estoppel applies to its review of a 2014 application for appropriation of underground water and remanded for a determination of the merits.
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September 06, 2022
Colorado Appeals Court Affirms County’s Denial Of Water Pipeline Permit
DENVER — The commissioners of a Colorado county exceeded their regulatory powers in denying a permit application for a water pipeline, but the Colorado Court of Appeals on Sept. 1 still affirmed the denial on other grounds.
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September 02, 2022
Klamath Project MDL Faces Unanimous Opposition; Movant Cites 2 Other Water MDLs
WASHINGTON, D.C. — While all responding parties on Aug. 24 opposed centralization of seven federal lawsuits involving the United States’ management of water in the Klamath Project in Oregon, the moving Klamath Irrigation District (KID) on Aug. 31 told the Judicial Panel on Multidistrict Litigation (JPMDL) that the panel faced the same issues in 2007 and 2003 when it created two MDLs related to federal operation of water systems in Georgia and Missouri.
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August 26, 2022
Judge Kulkarni Appointed To Preside Over California’s Water Curtailment Docket
SAN JOSE, Calif. — Judge Sunil R. Kulkarni of the Santa Clara County Superior Court was assigned Aug. 16 to preside over California’s state water curtailment Judicial Council Coordination Proceeding (JCCP).
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August 22, 2022
Oregon Irrigation District Wants 7 Klamath River Suits Centralized In An MDL
WASHINGTON, D.C. — The Judicial Panel on Multidistrict Litigation (JPMDL) on Aug. 11 said it will hear arguments on Sept. 29 on a motion by an Oregon irrigation district to centralize seven federal lawsuits involving the management of water in the Klamath Project that serves Native American tribes, farmers and fishermen in Oregon and Northern California.
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August 09, 2022
EPA Tells 6th Circuit That States’ Appeal Of 2015 Clean Water Rule Is Moot
CINCINNATI — The U.S. Environmental Protection Agency on July 28 told the Sixth Circuit U.S. Court of Appeals that it should affirm a district court ruling that the 2015 Clean Water Rule is moot.
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August 09, 2022
Klamath Water Users Ask Court To ‘Dig In’ And Find ESA Is Hurting Water Users
SAN FRANCISCO — The Klamath Water Users Association (KWUA or the Klamath Users) on July 29 opposed a summary judgment motion by the United States, a Native American tribe and two fishing plaintiffs and filed a cross-motion for summary judgment asking a California federal court to “dig in” and find that the Bureau of Reclamation’s “adherence” to the Endangered Species Act (ESA) is hurting water users in the Klamath River Basin.
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August 09, 2022
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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August 09, 2022
California Water District Withdraws TRO Motion In Water Curtailment Case
SACRAMENTO, Calif. — California’s Byron-Bethany Irrigation District (BBID) on July 26 withdrew is application for a temporary restraining order (TRO) and a show-cause order against the State Water Resources Control Board (SWRCB) curtailment of the district’s water rights.
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August 09, 2022
Federal, Oregon Agencies Oppose Klamath District’s 9th Circuit Mandamus Case
SAN FRANCISCO — The U.S. Bureau of Reclamation (BOR) and the Oregon Water Resources Department (OWRD) on Aug. 2 filed oppositions in the Ninth Circuit U.S. Court of Appeals to a petition by the Klamath Irrigation District (KID) for a mandamus order to remand the underlying case to a state court adjudicating the federal agency’s operation of the Klamath project.