Mealey's Water Rights
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May 8, 2018
Mississippi-Tennessee Water Dispute To Be Heard Jan. 15 By Special Master
CINCINNATI — The U.S. Supreme Court special master overseeing the interstate water dispute between Mississippi and Tennessee on April 12 issued a scheduling order that sets the date for an evidentiary hearing on Jan. 15 (Mississippi v. Tennessee, et al., No. 143, Original, U.S. Sup.).
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May 8, 2018
California Judge Won’t Disturb Injunction Requiring More Water For Klamath River
SAN FRANCISCO — A California federal judge on April 30 denied motions by intervenors in two Klamath River Project water cases for relief from his judgment ordering the U.S. Bureau of Reclamation to release enough water to the river to protect an endangered species of salmon (Hoopa Valley Tribe v. National Marine Fisheries Service, et al., No. 16-4294, and Yurok Tribe v. Bureau of Reclamation, No. 17-6963, N.D. Calif., 2018 U.S. Dist. LEXIS 73641 and 2018 U.S. Dist. LEXIS 73711).
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May 3, 2018
North Dakota Federal Judge Won’t Delay Restart Of Clean Water Rule Case
BISMARCK, N.D. — A North Dakota federal judge on May 1 affirmed a magistrate judge’s recommendation to deny the United States’ motion to stay a multistate Clean Water Rule challenge (North Dakota, et al. v. United States Environmental Protection Agency, et al., No. 15-59, D. N.D.).
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May 3, 2018
States Seek Summary Judgment In Lawsuit Challenging Change To Clean Water Rule
NEW YORK — Ten states and the District of Columbia on May 1 asked a New York federal court to grant them summary judgment in their lawsuit alleging that the Trump administration’s actions toward the Clean Water Rule are improper (New York, et al. v. E. Scott Pruitt, et al., No. 18-1030, S.D. N.Y.).
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May 1, 2018
California Judge Won’t Block Purchase Of 4 Delta Islands By Water District
STOCKTON, Calif. — A California state court judge on April 30 affirmed her tentative ruling denying a petition for a writ of mandate to block the purchase of four Sacramento-San Joaquin River Delta islands by the Metropolitan Water District of Southern California (MWD) (San Joaquin, et al. v. Metropolitan Water District of Southern California, No STK-CV-UWM-2016-0003597, Calif. Super., San Joaquin Co.).
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April 25, 2018
Nevada Water Rights Suit Out After Judge Rules Plaintiff Isn’t A Resident Anywhere
RENO, Nev. — A Nevada federal judge on April 23 granted summary judgment in a water rights case after finding that the court lacks subject matter jurisdiction because the plaintiff is not a U.S. resident and because the defendant is a state government being sued in federal court (Thomas J. Romano v. Nevada Division of Water Resources, No. 16-204, D. Nev., 2018 U.S. Dist. LEXIS 67596).
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April 19, 2018
Justices Hear Arguments In Row Over Road Culverts, Tribes’ Fishing Rights
WASHINGTON, D.C. — U.S. Supreme Court justices grappled April 18 with how to best balance the treaty-guaranteed fishing rights of several Indian tribes in the state of Washington with the state’s responsibility to honor the treaties by correcting hundreds of fish-blocking road culverts at a cost of billions of dollars, hearing arguments from the state, the United States and the tribes (Washington v. United States, et al., No. 17-269, U.S. Sup.).
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April 11, 2018
Metropolitan Water District Board Votes To Fund Entire WaterFix Project
LOS ANGELES — The Metropolitan Water District of Southern California (MWDSC) on April 10 went against its staff recommendation and voted to fund the full California WaterFix project.
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April 11, 2018
Metropolitan Water District Board Votes To Fund Entire WaterFix Project
LOS ANGELES — The Metropolitan Water District of Southern California (MWDSC) on April 10 went against its staff recommendation and voted to fund the full California WaterFix project.
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April 11, 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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April 11, 2018
Colorado Supreme Court: Water Replacement Plan Is Speculative Under Law
DENVER — The Colorado Supreme Court on April 9 affirmed denial of a water replacement plan, saying it violates the state’s anti-speculation doctrine for the granting of water rights (Front Range Resources, LLC v. Colorado Ground Water Commission, et al., No. 16SA243, Colo. Sup., 2018 Colo. LEXIS 280).
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April 11, 2018
California Appeals Court: Water Lawsuit Against Development Is Premature
SAN DIEGO — The Fourth District California Court of Appeal on March 26 affirmed a demurrer in a case in which a real estate company challenged county government findings that there was enough water available to serve a planned residential development located next to the real estate company (Golden Door Properties, LLC v. Vallecitos Water District, et al., No. C072280, Calif. App., 4th Dist., Div. 1, 2018 Cal. App. Unpub. LEXIS 1992).
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April 10, 2018
Metropolitan Water District To Consider Paying To Fund Entire WaterFix Project
LOS ANGELES — The Metropolitan Water District of Southern California (MWDSC) is set April 10 to consider whether to back a scaled-back version of the state’s WaterFix project or to fund the entire project itself, according to a memorandum for the agency’s board meeting.
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April 10, 2018
United States Opposes Lifting Of Injunction Staying Clean Water Rule
BISMARCK, N.D. — The United States on April 6 objected to a North Dakota federal magistrate judge’s order lifting the court’s stay of the Clean Water Rule, saying two agencies should not have to simultaneously rewrite the rule and engage in litigation (North Dakota, et al. v. United States Environmental Protection Agency, et al., No. 15-96, D. N.D.).
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April 9, 2018
Environmental Group Seeks Summary Judgment In California Delta Water Case
FRESNO, Calif. — The Natural Resources Defense Council (NRDC) on March 7 moved for summary judgment in its 18-year-old lawsuit against the United States for failing to release enough freshwater into the Sacramento-San Joaquin River Delta to keep two endangered species of fish from going extinct (Natural Resources Defense Council, et al. v. Ryan Zinke, et al., No. 05-1207, E.D. Calif.).
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April 9, 2018
Idaho Supreme Court: Right To Challenge Priority Date Waived During Adjudication
BOISE, Idaho — The Idaho Supreme Court on March 7 ruled that landowners waived their right to challenge the priority date for a neighbor’s water right after the date was determined by an adjudication special master and court (Ricky C. Holden, et al. v. Jackie Weece, et al., No. 44944, Idaho Sup., 2018 Ida. LEXIS 59).
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April 6, 2018
California Water District Dismisses Farm Lease Suit Against Largest District
RIVERSIDE, Calif. — A California state court judge on April 13 vacated a mandamus hearing in a lawsuit accusing the Metropolitan Water District of Southern California (MWDSC) of leasing farmland to lock up water sources after the plaintiff irrigation district on March 16 moved to dismiss the complaint with prejudice (Palo Verde Irrigation District v. Metropolitan Water District of Southern California, et al., No. RIC1714672, Calif., Super., Riverside Co.).
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April 6, 2018
Montana Supreme Court Affirms Water Court Ruling In Teton River Dispute
HELENA, Mont. — The Montana Supreme Court on April 3 affirmed a state Water Court ruling on disputes over rights to water from the Teton River that date to 1906 (Teton Cooperative Reservoir Company, et al. v. Farmers Cooperative Canal Co., et al., No. DA 16-0322, Mont. Sup., 2018 Mont. LEXIS 94).
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April 6, 2018
New Mexico Appeals Court Affirms Validity Of Navajo Water Settlement
ALBUQUERQUE, N.M. — A New Mexico appeals panel on April 3 affirmed a lower court ruling that a Native American water settlement was fair, adequate, reasonable and consistent with the public interest and state and federal laws (State of New Mexico, et al. v. United States of America, et al., No. A-1-CA-33535, N.M. App., 2018 N.M. App. LEXIS 21).
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April 2, 2018
U.S. Supreme Court Names New Special Master In Texas-New Mexico Water Case
WASHINGTON, D.C. — The U.S. Supreme Court on April 2 replaced the special master in an interstate water dispute between Texas and New Mexico (Texas v. New Mexico, et al., No. 141 Original, U.S. Sup.).