Mealey's Water Rights

  • November 10, 2020

    Idaho State Court Sets Hearing For Adjudication Of Second River Basin Water Rights

    TWIN FALLS, Idaho — An Idaho state court judge on Oct. 26 scheduled a commencement hearing on Jan. 21 for the state’s petition to commence an adjudication of water rights in the Clark Fork-Pond Oreille river basin water system (In Re:  The General Adjudication of Rights to the Use of Water from the Clark Fork-Pond Oreille River Basin Water System, No. 69576, Idaho Dist., 5th Dist., Twin Falls Co.).

  • November 10, 2020

    California County Appeals Ruling That No Permit Needed For Water Tunnel Drilling

    SACRAMENTO, Calif. — California’s Sacramento County on Oct. 2 told the Third District Court of Appeal that it should reverse summary judgment against the county in its effort to force the California Department of Water Resources to obtain county well drilling permits for the state’s Delta Conveyance Project (formerly the California WaterFix) (Sacramento v. California Department of Water Resources, No. C092087, Calif. App., 3rd Dist., 2020 CA App. Ct. Briefs LEXIS 5612).

  • November 10, 2020

    Oregon To Appeal Order Restricting Klamath Lake Stored Water Releases

    SALEM, Ore. — The Oregon Water Resources Department on Oct. 20 filed a notice of appeal of an Oct. 13 circuit court order barring the department from using or releasing stored water from Upper Klamath Lake without determining whether releases are permitted by users with existing water rights of record or with determined claims to use the stored water (Klamath Irrigation District v. Oregon Water Resources Department, et al., No. CA A174754, Ore. App.).

  • November 10, 2020

    Texas Appeals Court Backs Water Company Test Holes On Oil Tank Farm

    EL PASO, Texas — In a 2-1 ruling, a Texas state appeals court on Oct. 30 denied mandamus relief for a tank farm against a trial court ruling allowing a groundwater exploration company to drill seven test holes on the tank farm (In re Plains Pipeline, L.P., No. 08-19-00224-CV, Texas App., 8th Dist., El Paso, 2020 Tex. App. LEXIS 8546).

  • November 10, 2020

    California Supreme Court Won’t Review Abatti Water Rights Ruling

    LOS ANGELES — The California Supreme Court on Oct. 28 denied farmer Michael Abatti’s petition to review an appellate court ruling that farmers served by the Imperial Irrigation District (IID) have an interest in the district’s water rights but don’t have water rights themselves (Michael Abatti, et al. v. Imperial Irrigation District, No. S2664093, Calif. Sup.).

  • November 09, 2020

    Special Master: Aquifer Is An Interstate Resource Adjoining States Must Share

    LONDON, Ky. — A special master on Nov. 5 told the U.S. Supreme Court that an aquifer under both Tennessee and Mississippi is an interstate resource and recommended that the high court dismiss Mississippi’s lawsuit against Tennessee with leave to file an amended complaint seeking equitable apportionment of the groundwater (Mississippi v. Tennessee, et al., No. 143, Orig., U.S. Sup.).

  • November 02, 2020

    U.S. High Court OKs Motion To Conditionally Review Water Record In Interstate Case

    WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 2 granted a conditional motion by Texas for review of a river master’s 2020 determination of water credits for New Mexico (Texas v. New Mexico, No. 65, Orig., U.S. Sup.).

  • October 27, 2020

    9th Circuit:  United States Didn’t Waive Sovereignty In Groundwater Case

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Oct. 26 ruled that the United States had not waived its sovereign immunity under the McCarran Amendment in litigation involving groundwater rights in California’s Santa Maria Valley (San Luis Obispo Coastkeeper, et al. v. U.S. Department of the Interior, et al., No. 19-16655, 9th Cir., 2020 U.S. App. LEXIS 33650).

  • October 26, 2020

    Oklahoma Supreme Court: Published Notice About Water Permit Is Legally Inadequate

    OKLAHOMA CITY — The Oklahoma Supreme Court on Oct. 6 reversed summary judgment in a case involving a water permit for a fracking operation, finding that notifying neighbors whose land abuts a source lake by publishing a notice in a low-circulation newspaper is constitutionally inadequate for due process (Betty Sue Adams Purcell, et al. v. Todd A. Parker, et al., No. 118328, Okla. Sup., 2020 Okla. LEXIS 92).

  • October 20, 2020

    Utah Supreme Court Reverses Well Interference Ruling, Remands Negligence Claim

    SALT LAKE CITY — The Utah Supreme Court on Oct. 15 reversed a trial court’s determination that a water company’s pumping from a well interfered with two neighboring wells, finding that the trial court’s findings were insufficient (Robert B. Arave, et al. v. Pineview West Water Company, No. 20180067, Utah Sup., 2020 Utah LEXIS 181).

  • October 07, 2020

    California Irrigation District Tells High Court To Reject Review Of Water Ruling

    LOS ANGELES — California’s Imperial Irrigation District (IID) on Sept. 14 told the state Supreme Court that it should not grant review of an appellate court ruling that farmers served by the district have an interest in its water rights but don’t have water rights themselves (Michael Abatti, et al. v. Imperial Irrigation District, No. S264093, Calif. Sup.).

  • October 07, 2020

    Water Watch Group: District's WaterFix Bond OK Violates Validation Statutes

    LOS ANGELES — An advocacy group on Sept. 9 told a California appeals court that it is not opposing a tax or fee but is instead challenging the legal propriety of an authorization of bonded indebtedness by water agencies to eventually fund a multibillion-dollar water project formerly known as the California WaterFix (Food and Water Watch and Center for Food Safety v. Metropolitan Water District of Southern California, et al., No. B297553, Calif. App., 2nd Dist., 2020 CA App. Ct. Briefs LEXIS 5224).

  • October 07, 2020

    Mandamus Petition Filed In Oregon Klamath River Basin Adjudication

    SALEM, Ore. — Forty-five Oregon water rights holders on Sept. 22 petitioned the state Supreme Court for a peremptory or alternative writ of mandamus directing a court to comply with state civil and evidentiary law in its adjudication of the Klamath River Basin (In Re Waters of the Klamath River Basin, No. S067998, Ore. Sup.).

  • October 07, 2020

    Nevada High Court: Public Trust Doctrine Doesn't Permit Water Right Reallocation

    CARSON CITY, Nev. — In a split decision, the Nevada Supreme Court on Sept. 17 ruled that the public trust doctrine as implemented in the state's comprehensive water statutes does not permit the reallocation of water rights that have already been adjudicated and settled under the doctrine of prior appropriation (Mineral County, et al. v. Lyon County, et al., No. 75917, Nev. Sup., 2020 Nev. LEXIS 56).

  • October 07, 2020

    California's Metropolitan Water District Appeals $44.37M Judgment For San Diego

    SAN FRANCISCO — The Metropolitan Water District of Southern California (Metropolitan) on Sept. 11 notified a California trial court that it will appeal the court’s $44.37 million judgment in Metropolitan’s water supply charge litigation with the San Diego Water Authority (San Diego) (San Diego County Water Authority v. The Metropolitan Water District of Southern California, et al., No. CPF-10-610830, Calif. Super., San Francisco Co.).

  • October 07, 2020

    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 06, 2020

    Judge Gives Guidance On Types Of Water Compensation Due From Nevada District

    RENO, Nev. — A Nevada federal judge on Oct. 1 issued guidance on the types of water compensation the Truckee-Carson Irrigation District (TCID) is liable for to settle its 20-year debt for wrongful diversion of water from the Truckee River (United States v. Truckee-Carson Irrigation District, et al., No. 95-757, D. Nev., 2020 U.S. Dist. LEXIS 181643).

  • October 05, 2020

    High Court Quizzes Texas On Why It Should Overrule River Master In Water Case

    WASHINGTON, D.C. — Texas Solicitor General Kyle D. Hawkins on Oct. 5 faced questions by the eight U.S. Supreme Court justices during a virtual hearing about why the court should find that a court-appointed river master's decision on giving New Mexico credits for evaporated reservoir water violated the Rio Grande Compact among the two states and was contrary to the formulas laid out in the river master's manual (Texas v. New Mexico, et al., No. 141, Original, U.S. Sup.).

  • October 05, 2020

    U.S. Supreme Court Will Hear Florida-Georgia Interstate Water Case 'In Due Course'

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 5 said in its first orders list of the new term that arguments in an interstate water dispute between Florida and Georgia “are set for oral argument in due course” (Florida v. Georgia, No. 142, Original, U.S. Sup.).

  • October 05, 2020

    Bureau Of Land Management Director Declared 'Unlawful;' Actions May Be Set Aside

    GREAT FALLS, Mont. — A Montana federal judge on Sept. 25 declared that William Perry Pendley has unlawfully served as acting director of the U.S. Bureau of Land Management (BLM) for the past 425 days and wants a list of what actions by Pendley need to be set aside (Steve Bullock, et al. v. U.S. Bureau of Land Management, et al., No. 20-62, D. Mont., Great Falls Div., 2020 U.S. Dist. LEXIS 177029).

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