Mealey's Water Rights

  • November 06, 2018

    10th Circuit Backs Army Corps’ Approval Of Colorado Reservoir Expansion Plan

    DENVER — The 10th Circuit U.S. Court of Appeal on Nov. 5 affirmed a district court ruling that the U.S. Army Corps of Engineers did not act in an arbitrary and capricious manner when it approved a reservoir water storage expansion project that affected a nearby state park and wetlands (Audubon Society of Greater Denver v. United States Army Corps of Engineers, et al., No. 18-1004, 10th Cir., 2018 U.S. App. 31227).

  • November 05, 2018

    New Mexico Appeals Court Reverses Dismissal Of Water Suit On Lack Of Jurisdiction

    SANTA FE, N.M. — The New Mexico Court of Appeals on Oct. 25 reversed a district court’s dismissal of a landowner’s complaint against an acequia (water ditch association) for lack of jurisdiction (Corlinda H. Lujan, et al. v. Acequia Mesa del Medio, et al., No. A-1-CA-35203, N.M. App., 2018 N.M. App. LEXIS 68).

  • November 05, 2018

    United States Asks Georgia Federal Court To Keep Clean Water Rule In Place

    BRUNSWICK, Ga. — The United States on Oct. 17 told the U.S. District Court for the Southern District of Georgia that it should deny a motion for summary judgment on states’ motion for summary judgment against the Clean Water Rule: Definition of "Waters of the United States," 80 Fed. Reg. 37,054, June 29, 2015, also known as the 2015 Clean Water Rule (Georgia, et al. v. Andrew R. Wheeler, et al., No. 15-79, S.D. Ga., Brunswick Div.).

  • November 05, 2018

    California Water District Seeks Modification Of Fish Study Injunction

    SANTA ANA, Calif. — A California water district on Nov. 1 asked a federal judge to modify his Oct. 4 injunction because it says it has no authority to conduct environmental reviews under the National Environmental Policy Act (NEPA) of 1969 (Wishtoyo Foundation, et al. v. United Water Conservation District, No. 16-3869, C.D. Calif., S. Div.).

  • October 26, 2018

    San Diego Proposes Settling 8-Year Water Lawsuit With Metropolitan Water District

    SAN DIEGO — The San Diego County Water Authority on Oct. 25 outlined a proposal to settle its litigation against the Metropolitan Water District of Southern California concerning rates the latter charges San Diego to transport water that San Diego obtains from other sources.

  • October 23, 2018

    Trump Seeks Federal Water Czar, Citing Abundance Of Water, ‘Bone Dry’ Farmland

    WASHINGTON, D.C. — Claiming “there’s so much water they don’t know what to do with it,” President Donald Trump on Oct. 19 signed a presidential memorandum that seeks to assert more control over federal water projects in California’s Central Valley, create an environmental “czar” and speed up federal studies and approvals.

  • October 15, 2018

    U.S. High Court Denies Water Contractors’ Request To Apportion State Water Tax

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 15 denied review of a California law that requires water contractors to pay 100 percent of the cost of water from the federally operated Central Valley Project (Northern California Water Association, et al. v. California State Water Resources Control Board, et al., No. 18-205, U.S. Sup.).

  • October 10, 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.

  • October 09, 2018

    Nevada Lawsuit Challenges Las Vegas Water Monitoring, Mitigation Program

    ELY, Nev. — Although the Nevada state engineer in August denied a water rights application to build a 300-mile water pipeline from western Nevada to Las Vegas, 59 organizations and individuals on Sept. 17 asked a state court to review the decision because they said the engineer’s monitoring and mitigation program would set a dangerous precedent for groundwater (White Pine County, Nevada, et al. v. White Pine County, et al., No. CV-1204049, Nev. Dist., 7th Jud. Dist.).

  • October 09, 2018

    Utah Supreme Court Says It Lacks Jurisdiction Over Water Rights Appeal

    SALT LAKE CITY — The Utah Supreme Court on Sept. 27 said it lacked jurisdiction to hear the appeal of an energy company’s water rights claim because the appeal was not properly before the high court and because the appellant waited more than four decades to challenge the state engineer’s recommendation and was thus not an aggrieved party (EnerVest, Ltd. v. Utah State Engineer, et al., No. 20160394, Utah Sup., 2018 Utah LEXIS 157).

  • October 09, 2018

    Clean Water Rule Injunction Extended To Iowa At Governor’s Request

    BISMARCK, N.D. — A North Dakota federal judge on Sept. 18 granted a motion by the Iowa governor to enjoin enforcement of the Clean Water Rule in the state (North Dakota, et al. v. U.S. Environmental Protection Agency, et al., No. 15-59, D. N.D.).

  • October 09, 2018

    Judge: Arizona Water District Not Exempt From State Groundwater Management Law

    PHOENIX — An Arizona federal judge on Sept. 24 granted summary judgment against an irrigation district that sought exclusion from a state groundwater management law (Roosevelt Irrigation District v. United States, No. 15-448, D. Ariz., 2018 U.S. Dist. LEXIS 163401).

  • October 09, 2018

    Judge Overrules Objection To Water Rights Adjudication In New Mexico

    SANTA FE, N.M. — A New Mexico federal judge on Sept. 26 overruled the objections of two water/utility districts to the adjudication of their water rights, finding that both failed to show evidence about historical water use that exceeds what is listed in a proposed consent order (United States v. A&R Productions, et al., No. 01-72, D. N.M., 2018 U.S. Dist. LEXIS 165266).

  • October 09, 2018

    California Federal Judge Enjoins Water District’s Operation Of Dam

    SANTA ANA, Calif. — A California federal judge on Oct. 4 issued a final judgment enjoining a state water district from operating a dam in a way that kills fish and ordering the district to construct a permanent passage for the fish (Wishtoyo Foundation, et al. v. United Water Conservation District, No. 16-3869, C.D. Calif.).

  • October 08, 2018

    California Judge Denies Summary Judgment On 1 Claim In Fish Take Lawsuit

    FRESNO, Calif. — A California federal judge on Sept. 28 largely denied summary judgment to the United States in a 13-year-old lawsuit by environmentalists who say the government allowed water contractors in to take so much water from the Sacramento River that it harmed endangered fish species rivers and streams (Natural Resources Defense Council, et al. v. Ryan Zinke, et al., No. 05-1207, E.D. Calif., 2018 U.S. Dist. LEXIS 168307).

  • September 14, 2018

    Texas Federal Judge Enjoins Clean Water Rule In Texas, Louisiana, Mississippi

    GALVESTON, Texas — A Texas federal judge on Sept. 12 temporarily enjoined enforcement of the Clean Water Rule: Definition of "Waters of the United States," 80 Fed. Reg. 37,054, June 29, 2015, in the states of Texas, Louisiana and Mississippi (Texas, et al. v. United States Environmental Protection Agency, et al., No. 15-162, S.D. Texas, Galveston Div.).

  • September 13, 2018

    Interlocutory Appeal OK’d To Decide If Tribes’ Water Rights Were Snuffed By Spain

    ALBUQUERQUE, N.M. — A New Mexico federal judge on Sept. 11 sent the “first impression” question of whether three Native American tribes’ aboriginal water rights were extinguished merely by the imposition of Spanish authority and without any affirmative act to the 10th Circuit U.S. Court of Appeals to answer (United States, et al. v. Tom Abousleman, et al., No. 6:83-cv-1041, D. N.M., 2018 U.S. Dist. LEXIS 155413).

  • September 12, 2018

    Suspension Rule Decision Triggers Injunction, Judgment Motions In Cases Elsewhere

    Following the Aug. 16 nationwide injunction against the Trump administration’s “Suspension Rule” for the effective date of the 2015 Clean Water Rule, four federal courts were asked to reopen cases challenging the rule, to issue a preliminary injunction against the rule or to grant plaintiffs summary judgment (Georgia, et al. v. Andrew Sheeler, et al., No. 15-79, S.D. Ga., Ohio v. U.S. Environmental Protection Agency, et al., No. 15-2467, S.D. Ohio, Texas v. U.S. Environmental Protection Agency, et al., No. 15-162, S.D. Texas, Oklahoma v. U.S. Environmental Protection Agency, et al., No. 15-381, N.D. Okla.).

  • September 12, 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.

  • September 12, 2018

    California County Sues Los Angeles For Curtailing Water For City-Owned Land

    BRIDGEPORT, Calif. — A California county on Aug. 15 asked a state court to issue a writ of mandate directing Los Angeles to comply with the California Environmental Quality Act (CEQA) before it proceeds with any plans to reduce water to land in Mono County owned by Los Angeles (Mono v. Los Angeles, et al., No. CV180078, Calif. Super., Mono Co.).

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