Mealey's Water Rights

  • August 26, 2020

    Los Angeles Water District To Pay $44.37M To San Diego District For Water Charges

    SAN FRANCISCO — A California state court judge on Aug. 13 entered final judgment in a 10-year-old water charges lawsuit, ordering the Metropolitan Water District of Southern California (Metropolitan) to pay the San Diego Water Authority (San Diego) $44.37 million and declaring that certain water supply charges are invalid (San Diego Water Authority v. Metropolitan Water District of Southern California, et al., No. CPF-10-510830, Calif. Super., San Francisco Co.).

  • August 25, 2020

    Los Angeles Water District To Pay $44.37M To San Diego District For Water Charges

    SAN FRANCISCO — A California state court judge on Aug. 13 entered final judgment in a 10-year-old water charges lawsuit, ordering the Metropolitan Water District of Southern California (Metropolitan) to pay the San Diego Water Authority (San Diego) $44.37 million and declaring that certain water supply charges are invalid (San Diego Water Authority v. Metropolitan Water District of Southern California, et al., No. CPF-10-510830, Calif. Super., San Francisco Co.).

  • August 25, 2020

    Federal Judge Denies 2 Clean Water Rule Intervenors; 1 Has Noticed An Appeal

    SAN FRANCISCO — Two California property owners on April 14 said they will ask an appeals court to review a district court's denial of their motion to intervene in a challenge to the Trump administration's latest Clean Water Rule (California, et al. v. Andrew Wheeler, et al., No. 20-3005, N.D. Calif., No. 20-16606, 9th Cir.).

  • August 12, 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.

  • August 11, 2020

    Nevada Tribe Gets Judgment For Additional Water Rights In Walker River Case

    RENO, Nev. — A Nevada federal judge on July 20 ruled that the Walker River Paiute Tribe is entitled to judgment as a matter of law on its claims of additional water rights under the 1936 Decree, turning back affirmative defenses raised by 13 Nevada and California defendants following a 2019 federal appeals court ruling (United States, et al. v. Walker River Irrigation District, et al., No. 73-127, D. Nev., 2020 U.S. Dist. LEXIS 128452).

  • August 11, 2020

    Utah Supreme Court Partly Reverses Trial Judgment In River Water Case

    SALT LAKE CITY — The Utah Supreme Court on July 13 reversed three parts of a trial court’s ruling in a dispute between two water companies that draw water from the Beaver River, but affirmed denial of rescission of a 66-year-old agreement (Rocky Ford Irrigation Company v. Kents Lake Reservoir Company, et al., No. 20170290, Utah Sup., 2020 Utah LEXIS 143).

  • August 11, 2020

    U.S. Supreme Court To Hear Texas-New Mexico Dispute Oct. 5 When New Term Starts

    WASHINGTON, D.C. — The U.S. Supreme Court will hear arguments on Oct. 5 on a motion to review a river master’s final determination in an interstate water dispute between Texas and New Mexico, the high court announced July 13 in a hearing order (Texas v. New Mexico, et al., No. 141, Original, U.S. Sup.).

  • August 11, 2020

    State's Appeal Of Injunction Denial For 2015 Water Rule Is Moot, 6th Circuit Says

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals on Aug. 5 dismissed as moot an interlocutory appeal by Ohio and Tennessee of a federal court’s denial of a preliminary injunction against an Obama-era Clean Water Rule, saying the rule was replaced by one issued by the Trump Administration (Ohio, et al. v. U.S. Environmental Protection Agency, No. 19-3500, 6th Cir., 2020 U.S. App. LEXIS 24674).

  • August 11, 2020

    Federal Government, Colorado Appeal Clean Water Rule Injunction To 10th Circuit

    DENVER — The Environmental Protection Agency and the Army Corps of Engineers on July 9 told the 10th Circuit U.S. Court of Appeals that a Colorado federal court erred in enjoining the Trump Administration’s Clean Water Rule and that the appeals court should vacate the injunction (Colorado v. U.S. Environmental Protection Administration, et al., Nos. 20-1238, 20-1262 and 20-1263, 10th Cir.).

  • August 11, 2020

    California, Environmental Groups Settle River Water Temperature Lawsuit

    OAKLAND, Calif. — Three environmental organizations and the California State Water Resources Control Board (SWRCB) on July 16 agreed that the state will implement a river temperature management program for the Sacramento River in settlement of a lawsuit (California Sportfishing Protection Alliance, et al. v. California State Water Resources Control Board, et al., No. RG15780498, Calif. Super., Alameda Co.).

  • August 11, 2020

    Judge Orders Oregon To Stop Releasing Stored Water Without Vetting Users

    SALEM, Ore. — An Oregon state court judge on July 30 ordered the Oregon Water Resources Department (OWRD) to stop releasing stored water from Upper Klamath Lake Reservoir without determining that the release is for a permitted purpose by users with an established right, license or permit (Klamath Irrigation District v. Oregon Water Resources Department, et al., No. 20-cv-179922, Ore. Cir., Marion Co.).

  • August 07, 2020

    Montana Supreme Court: Covenant Doesn't Restrain Exercise Of Water Right

    HELENA, Mont. — The Montana Supreme Court on Aug. 4 ruled that a deed covenant for a subdivision cannot be read to restrain exercise of a water right (Elk Grove Development Company v. Four Corners County Water and Sewer District, et al., No. DA 19-0599, Mont. Sup., 2020 Mont. LEXIS 2156).

  • August 07, 2020

    Washington Supreme Court: State Ecology Department Can Legally Set Instream Flows

    OLYMPIA, Wash. — The Washington Supreme Court on Aug. 6 ruled that the Washington Department of Ecology (Ecology) has authority under state law to set minimum instream flows for rivers and streams and that the state properly promulgated a rule setting a summertime minimum instream flow rate for the Spokane River (Center for Environmental Law and Policy, et al. v. Washington, et al., No. 97684-8, Wash. Sup., 2020 Wash. LEXIS 434).

  • July 31, 2020

    Property Owner Falls Short Again In Federal Suit Over Tribe's Use Of Lake

    TACOMA, Wash. — A Washington man's fourth bite at the apple in challenging an Indian tribe's use of a lake in a national park ended in a loss like the first three when a federal judge in the state on July 29 dismissed his taking claims against the tribe and the United States for lack of jurisdiction due to sovereign immunity (Thomas G. Landreth v. United States, et al., No. 20-5333, W.D. Wash., 2020 U.S. Dist. LEXIS 134571).

  • July 22, 2020

    California Appeals Court: Irrigation District Has Discretion To Allocate Water

    SAN DIEGO — California's Fourth District Court of Appeal on July 16 said an irrigation district has an equitable and beneficial interest in its water rights that consist of a right to water service and the discretion to distribute water equitably to all water users (Michael Abatti, et al. v. Imperial Irrigation District, No. D072850, Calif. App., 4th Dist., Div. 1, 2020 Cal. App. LEXIS 663).

  • July 10, 2020

    Tribe Allowed To Amend 3rd Claim Against Water Districts, Assert New Standing

    RIVERSIDE, Calif. — A California federal judge on July 8 said that although the deadline for a Native American tribe to amend its complaint against two water districts has passed, it can amend its remaining claim concerning underground pore space and can assert new grounds for the tribe's standing (Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, et al., No. 13-883, C.D. Calif.).

  • July 08, 2020

    News Organization Files FOIA Suit For Document About ‘Secret’ Joint Water Meeting

    OAKLAND, Calif. — A news organization and one of its reporters on July 2 filed a complaint asking a California federal court to find that the U.S. Department of Interior has violated the federal Freedom of Information Act and to order the agency to immediately release records about a “secret” 2018 meeting between one of its representatives and California water officials regarding California water issues (The Center for Investigative Reporting, et al. v. U.S. Department of the Interior, No. 20-4427, N.D. Calif., Oakland Div.).

  • July 08, 2020

    Federal Court Extends Stay Of 2015 Clean Water Rule Case As Backstop To New Rule

    FARGO, N.D. — A North Dakota federal magistrate judge on June 24 granted an unopposed motion by 11 states to extend a stay of their case challenging the 2015 Clean Water Rule in case the Trump Administration’s 2020 Rule is vacated and the 2015 Rule reinstated (State of North Dakota, et al. v. U.S. Environmental Protection Agency, et al., No. 15-59, D. N.D.).

  • July 08, 2020

    5 Environmental Groups: 2020 Clean Water Rule Violates Administrative Procedures

    WASHINGTON, D.C. — Five environmental groups on June 25 asked the U.S. District Court for the District of Columbia to declare that the 2020 Clean Water Rule is arbitrary and capricious and in violation of the Administrative Procedure Act, 5 U.S. Code. ch. 5, subch. I § 500 et seq. (Environmental Integrity Project, et al. v. Andrew Wheeler, et al., No. 20-1743, D. D.C.).

  • July 08, 2020

    10th Circuit OKs Expedited Appeal Of Clean Water Rule Colorado-Only Injunction

    DENVER — The 10th Circuit U.S. Court of Appeals on June 26 granted an unopposed motion to expedite the United States’ appeal of a preliminary injunction against the 2020 Clean Water Rule as it applies to Colorado (Colorado v. U.S. Environmental Protection Agency, et al., No. 20-1238, 10th Cir.).

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