We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Mealey's Water Rights

  • August 10, 2018

    Unquantified Federal Water Rights Are Due No Recognition, Arizona High Court Says

    PHOENIX — In a fractured ruling, the Arizona Supreme Court on Aug. 9 held that the state’s water law does not require the state water resources department to consider unquantified federal reserved water rights when it determines whether a developer has an adequate water supply (Robin Silver, M.D., et al. v. Pueblo Del Sol Water Company, et al., No. CV-16-0294-PR, Ariz. Sup., 2018 Ariz. LEXIS 226).

  • August 8, 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.

  • August 8, 2018

    Texas, United States Answer New Mexico’s Counterclaims In High Court Water Case

    WASHINGTON, D.C. — Texas and the United States on July 20 and July 23 answered counterclaims filed by New Mexico in its U.S. Supreme Court lawsuit involving alleged violations of the Rio Grande Compact (Texas v. New Mexico, et al., No. 141, Original, U.S. Sup.).

  • August 7, 2018

    Tribes’ Suit Over Irrigation Water Transferred From California To Oregon

    SAN FRANCISCO — A California federal judge on July 25 denied a preliminary injunction against the U.S. Bureau of Reclamation’s operation of the Klamath Irrigation Project and transferred a Native American tribe’s lawsuit against Reclamation to the Oregon federal court, saying the case has more in common with Oregon than California (Klamath Tribes v. United States Bureau of Reclamation, No. 18-3078, N.D. Calif., 2018 U.S. Dist. LEXIS 124741).

  • August 7, 2018

    United States Tells Another Court To Wait On Clean Water Rule Injunction

    CINCINNATI — The United States on July 24 asked another federal court to hold in abeyance plaintiffs’ motion for an injunction against the Clean Water Rule: Definition of "Waters of the United States," 80 Fed. Reg. 37,054, June 29, 2015, saying the government’s subsequent Applicability Rule acts to delay the Clean Water Rule until 2020, by which time the government may have a replacement rule (Ohio, et al. v. United States Environmental Protection Agency, et al., No. 15-2467, S.D. Ohio, Eastern Div.).

  • August 7, 2018

    California Water Wholesaler Must Pay Water Authority $28.67M, Judge Rules

    SAN FRANCISCO — A California state court judge on July 25 ordered the Metropolitan Water District of Southern California (MWDSC) to pay the San Diego County Water Authority $28.67 million plus interest for overcharging water transportation costs, with possibly more in restitution and attorney fees (San Diego County Water Authority v. The Metropolitan Water District of Southern California, et al., Nos. CPF-10-510830 and CPF-12-512466, Calif. Super., San Francisco Co.).

  • August 7, 2018

    Washington City Sues United States To Prevent Water Treatment Transfer

    TACOMA, Wash. — The city of Port Angeles, Wash., on July 27 sued the United States for allegedly breaching a dam-removal law and memorandum of understanding by failing to address water quality problems that the city says is interfering with its water right (Port Angeles v. United States, et al., No. 18-5603, W.D. Wash., Tacoma).

  • August 6, 2018

    Kansas, Colorado Sign $2M Settlement Of Republic River Compact Claims

    The governors and attorneys general of Kansas and Colorado on Aug. 3 announced that they have signed an agreement to resolve Kansas’ claims about Colorado’s past use of water under the Republican River Compact.

  • August 2, 2018

    States: Summary Judgment Warranted In North Dakota Clean Water Rule Case

    BISMARCK, N.D. — Thirteen states on July 30 told a North Dakota federal court that it should grant their motion for summary judgment against the United States in their case challenging the legality and constitutionality of the Clean Water Rule:  Definition of “Waters of the United States,” 80 Fed. Reg. 37,054, June 29, 2015 (North Dakota, et al. v. U.S. Environmental Protection Agency, et al., No. 15-59, D. N.D.).

  • July 27, 2018

    Texas Aquifer District Enjoined From Changing Water Rules Pending December Trial

    UVALDE, Texas — A Texas state court on July 25 enjoined an aquifer authority from changing rules that a groundwater district and a farming couple say will affect its rights (Uvalde County Underground Water Conservation District, et al. v. Edwards Aquifer Authority, No. 2018-01-31972, Texas Dist., Uvalde Co.).

  • July 26, 2018

    Washington Appeals Court Affirms Injunction Against Water Ballot Initiatives

    TACOMA, Wash. — A Washington state appeals panel on July 25 affirmed a trial court ruling enjoining an environmental political action committee from placing a ballot initiative that would require a public vote on large water use applications in the city of Tacoma, Wash. (Port of Tacoma, et al. v. Save Tacoma Water, et al., No. 49263-6-II, Wash. App., Div. II, 2018 Wash. App. LEXIS 1724).

  • July 23, 2018

    Nebraska Supreme Court: Review Of Groundwater Issue Filed In Wrong Court

    LINCOLN, Neb. — The Nebraska Supreme Court on July 20 affirmed dismissal of a groundwater appeal, finding that under the state’s Administrative Procedure Act, the petitioners filed their appeal in the wrong county court (Estate of Gerald Schluntz, et al. v. Lower Republican Natural Resources District, et al., No. S-17-970, Neb. Sup.).

  • July 18, 2018

    United States To Court: Wait Until New Clean Water Rule Can Be Finalized

    BISMARCK, N.D. — The United States on July 16 opposed a motion for summary judgment in a Clean Water Rule case in North Dakota federal court (North Dakota, et al. v. United States Environmental Protection Agency, et al., No. 15-59, D. N.D.).

  • July 18, 2018

    California State Secretary Asks Congress Not To Limit WaterFix Litigation

    SACRAMENTO, Calif. — California’s secretary of natural resources on July 17 sent a letter to four congressmen opposing an appropriations bill rider that would preclude lawsuits involving the California WaterFix Project.

  • July 18, 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.

  • July 18, 2018

    2 Environmental Groups Appeal Injunction Of Clean Water Rule

    BRUNSWICK, Ga. — Two environmental groups on July 17 filed a notice that they will appeal the preliminary injunction a Georgia federal judge entered against the Clean Water Rule:  Definition of “Waters of the United States,” 80 Fed. Reg. 37,054 (June 29, 2015) (Georgia, et al. v. Scott Pruitt, et al., No. 15-79, S.D. Ga., Brunswick Div.).

  • July 17, 2018

    Mississippi Tells Special Master That Groundwater Isn’t An Interstate Resource

    CINCINNATI — Mississippi on July 6 urged a U.S. Supreme Court special master to deny a summary judgment motion by Tennessee and related defendants in an interstate groundwater dispute, saying the defendants erroneously premise their motion on the notion that the litigation involves one big aquifer instead of separate ones (Mississippi v. Tennessee, et al., No. 143, Original, U.S. Sup.).

  • 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).

Can't find the article you're looking for? Click here to search the Mealey's Water Rights archive.