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Mealey's Water Rights

  • 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.).

  • 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.).

  • 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).

  • 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.).

  • 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.).

  • 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).

  • 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.

  • 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.).

  • 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).

  • 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.).

  • 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.

  • 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).

  • 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).

  • 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.).

  • 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.).

  • June 13, 2018

    Blackfeet Tribe, Interior Department Implement Water Settlement, Compact

    WASHINGTON, D.C. — The chairman of the Blackfeet Nation and the secretary of the Interior on June 12 signed documents implementing the Blackfeet Water Rights Settlement Act of 2016 and the Blackfeet Tribe-Montana-United States Water Compact.

  • June 13, 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.

  • June 13, 2018

    Tennessee Seeks Summary Judgment Against Mississippi In Interstate Water Dispute

    CINCINNATI — Tennessee, the city of Memphis and its water department on June 1 filed a motion with a U.S. Supreme Court special master for summary judgment in Mississippi’s interstate groundwater dispute, saying that since Mississippi has renounced a claim for equitable apportionment of water, the aquifer at issue is plainly an interstate aquifer serving several states and not just Mississippi (Mississippi v. Tennessee, et al., No. 143, Original, U.S. Sup.).

  • June 13, 2018

    Klamath Tribes Sue Federal Agencies Over Operation Of Klamath Project On Fish

    SAN FRANCISCO — The Klamath Tribes on May 23 sued three U.S. agencies, alleging that their operation of the Klamath Irrigation Project is endangering two fish species that are crucial to the tribe’s survival and culture (The Klamath Tribes v. United States Bureau of Reclamation, et al., No. 18-3078, N.D. Calif.).

  • June 12, 2018

    2 Environmental Groups Move Again To Intervene In Clean Water Rule Case

    CINCINNATI — Two environmental groups on June 4 asked an Ohio federal court to reconsider allowing them to intervene in a Clean Water Rule case, noting that since the court denied their original motion in 2015, the United States has reversed its position and no longer represents the groups’ support of the rule (Ohio, et al. v. U.S. Army Corps of Engineers, et al., No. 15-2476, S.D. Ohio, Eastern Div.).