Mealey's Water Rights
-
October 30, 2019
Government, Tribe, Company Say Cert Not Warranted For Clean Water Act Ruling
WASHINGTON, D.C. — The United States, a Native American tribe and a hydroelectric company on Oct. 28 all came out in favor of denying U.S. Supreme Court review of a ruling that Oregon and California’s authority to conduct water quality reviews for the federal licensing process for dams was waived by the dam operator’s yearly withdrawals and resubmissions for federal licensing renewal (California Trout, et al. v. Hoopa Valley Tribe, et al., No. 19-257, U.S. Sup.).
-
October 21, 2019
U.S. Supreme Court Will Review River Master’s Reports For Texas, New Mexico Water
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 21 granted a conditional motion of Texas to review a river master’s 2019 final determination of New Mexico’s water delivery obligations under the Pecos River Compact (Texas v. New Mexico, No. 65, Orig., U.S. Sup.).
-
October 09, 2019
States Back Anglers’ Groups Seeking Reversal Of Clean Water Act Ruling
WASHINGTON, D.C. — Twenty-one states filed an amicus curiae brief Sept. 27 in the U.S. Supreme Court to support two fishing groups battling a ruling in favor of an Indian tribe that Oregon and California’s authority to conduct water quality reviews for the federal licensing process for hydroelectric dams was waived by the dam operator’s yearly withdrawals and resubmissions for federal licensing renewal (California Trout, et al. v. Hoopa Valley Tribe, et al., No. 19-257, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 3572).
-
October 09, 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.
-
October 09, 2019
California Appeal Court: Winery Won’t Effect Groundwater Supply
SAN FRANCISCO — In a ruling issued Sept. 6 and published Oct. 7, a California appeals court affirmed that there is no evidence to support a fair argument that a proposed winery in northern California will have significant environmental effects, including on groundwater below and around the proposed project (Maacama Watershed Alliance, et al. v. County of Sonoma, et al., No. A155606, Calif. App., 1st Dist., Div. 4, 2019 Cal. App. LEXIS 977).
-
October 09, 2019
19 Senators Want Army Corps’ ‘Water Supply Rule’ To Be Withdrawn For More Input
WASHINGTON, D.C. — Nineteen U.S. senators from the American west on Sept. 16 sent a letter urging the director of the Office of Management and Budget (OMB) to withdraw a proposed rule governing the use of water from U.S. Army Corps of Engineer reservoir projects.
-
October 09, 2019
Nevada Mining Companies Settle Water Rights Dispute Over Alleged Non-Use
CARSON CITY, Nev. — The Nevada state engineer on Aug. 9 terminated a water rights application after the parties announced that they settled allegations that one party had forfeited its rights through non-use (In the Matter of a Petition to Forfeit Permit 44411, et al., Nev. Engineer[MT(1]).
-
October 08, 2019
Parties Debate Effect Of Clean Water Rule Repeal On 4-Year-Old Texas Case
GALVESTON, Texas — Defendant-intervenors in a Clean Water Rule case on Sept. 19 told a Texas federal court that there is no reason for it to reconsider its summary judgment order in a Clean Water Rule case now that the federal government has announced a proposed rule repealing the 2015 Rule at the center of the lawsuit (Texas v. Environmental Protection Agency, et al., No. 15-162, S.D. Texas, Galveston Div.).
-
October 08, 2019
Florida Court Holds Clean Water Rule Case In Abeyance Pending Repeal
TALLAHASSEE, Fla. — A Florida federal judge on Sept. 22 ordered a Clean Water Rule case held in abeyance for 75 days until a repeal rule possibly becomes effective (Southeast Stormwater Association, Inc., et al. v. Environmental Protection Agency, No. 15-579, N.D. Fla., Tallahassee Div.).
-
October 07, 2019
Water District Drops Study Of Shasta Dam Raising After High Court Denies Appeal
SACRAMENTO, Calif. — Five days after the California Supreme Court refused to review an injunction against Westlands Water District’s proposed environmental study of raising the Shasta Dam, the district on Sept. 30 announced that it terminated its plans (Westlands Water District v. Superior Court, No. S257858, Calif. Sup.).
-
October 07, 2019
Mississippi, Tennessee File Closing Briefs In Interstate Water Dispute
CINCINNATI — Mississippi on Sept. 19 told a U.S. Supreme Court special master that groundwater under it and neighboring Tennessee is not an interstate resource and that the high court should not apply the doctrine of equitable apportionment (State of Mississippi v. State of Tennessee, et al., No. 143, Orig., U.S. Sup.).
-
October 03, 2019
United States Tells Court To Vacate 2015 Clean Water Rule To Remove Uncertainty
BRUNSWICK, Ga. — The United States on Oct. 1 said a Georgia federal judge should reconsider his Aug. 21 decision overturning the 2015 Clean Water Act and vacate the rule since the government has since published a replacement (Georgia, et al. v. Andrew R. Wheeler, et al., No. 15-79, S.D. Ga., Brunswick Div.).
-
September 24, 2019
Fracking Company: Drilling Injunction Not Warranted In Federal Lease Dispute
ALBUQUERQUE, N.M — A hydraulic fracturing company on Sept. 20 filed a brief in New Mexico federal court as an intervenor in a federal lease dispute, contending that a Native American tribe and environmental advocacy groups have not established the requirements for a preliminary injunction to prevent fracking in the Mancos Shale Play (Diné Citizens Against Ruining Our Environment, et al. v. David Bernhardt, et al., No. 19-703, D. N.M.).
-
September 24, 2019
Nevada Supreme Court OKs Reinstatement Of Water Priority Dates After Error
CARSON CITY, Nev. — In a 5-2 ruling, the Nevada Supreme Court on Sept. 12 said a district court did not abuse its discretion by reinstating a ranch’s loss of water priority dates after the state engineer reset the date due to the rights holder’s clerical error (Tim Wilson, P.E., et al. v. Happy Creek, Inc., No. 74266, Nev. Sup., 2019 Nev. LEXIS 54).
-
September 13, 2019
Trump Administration Tries Again To Repeal The 2015 Clean Water Rule
WASHINGTON, D.C. — The Trump administration on Sept. 12 announced the publication of a final rule to repeal the 2015 Clean Water Rule and revert federal pollution regulations to their pre-2015 versions.
-
September 11, 2019
Montana Water Court Reverses State’s Denial To Add Tanks To Ranch’s Water Rights
BOZEMAN, Mont. — A Montana Water Court judge on Sept. 9 reversed denial of an application by a ranch to add water tanks for its livestock, saying the Montana Department of Natural Resources and Conservation (DNRC) misapprehended evidence, misinterpreted the law, relied on inapplicable law and reached an arbitrary and capricious determination (Broken O Land & Livestock, LLC v. Montana Department of Natural Resources & Conservation, WC-MAPA-2018-02, Mont. Water, U. Missouri Div., Sun River Basin, 2019 Mont. Water LEXIS 11).
-
September 11, 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.
-
September 11, 2019
Oral Arguments In High Court Florida-Georgia Water Case Moved Up To November
ALBUQUERQUE, N.M. — The U.S. Supreme Court special master presiding Florida’s interstate water lawsuit against Georgia on Sept. 6 moved oral arguments about the criteria for equitable apportionment from December to Nov. 7 (Florida v. Georgia, No. 142 Orig., U.S. Sup.).
-
September 11, 2019
20 Amici Urge 10th Circuit To Reverse Injunction Denial Against Clean Water Rule
DENVER — Twenty business associations on Aug. 13 filed an amicus curiae brief urging the 10th Circuit U.S. Court of Appeals to reverse a federal district court’s denial of a preliminary injunction against the 2015 Clean Water Rule (State of Oklahoma, ex rel. Mike Hunter, et al. v. United States Environmental Protection Agency, et al., No. 1905055, 10th Cir.).
-
September 10, 2019
Colorado High Court: Water Rights Must Be Adjudicated Before Seeking Enforcement
DENVER — The Colorado Supreme Court on Sept. 9 affirmed that a plaintiff cannot sue over interference with water rights when no rights have been adjudicated under state law (The Luskin Daughters 1996 Trust, et al. v. Steve Young, et al., No. 18SA215, Colo. Sup., 2019 Colo. LEXIS 929).