Mealey's Water Rights

  • May 9, 2018

    Santa Clara Water District Votes To Fully Fund California WaterFix Project

    SAN JOSE, Calif. — The directors of the Santa Clara Valley Water District on May 8 voted 4-3 to participate in the California WaterFix project, removing their October 2017 conditional approval if the project was scaled back in size and cost.

  • May 9, 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.

  • May 9, 2018

    3 WaterFix Challenges Transferred Into JCCP

    SACRAMENTO, Calif. — Three cases concerning validation of and challenges to California’s WaterFix project were transferred April 13 to a Judicial Council Coordinated Proceeding (JCCP) (California Department of Water Resources v. All Persons Interested in the Matter, et al., No. 34-2017-00215965, Bay.org v. California Department of Fish and Wildlife, No. 34-2017-80002695, North Delta Water Agency v. California Department of Fish and Wildlife, No. 34-2017-80002725, Calif. Super., Sacramento Co.).

  • May 9, 2018

    Judge Mary Wiss Will Preside Over Water Fee Case After Judge Disqualifies Himself

    SAN FRANCISCO — A California trial court presiding judge on April 24 appointed Judge Mary E. Wiss of the San Francisco County Superior Court to preside over a lawsuit between the San Diego County Water Authority (San Diego) and the Metropolitan Water District of Southern California after the original judge on April 23 disqualified himself (San Diego County Water Authority v. Metropolitan Water District of Southern California, et al., No. CPF-10-510830, Calif. Super., San Francisco Co.).

  • May 8, 2018

    California Appeals Court Affirms Disparagement Of Title To Water Right

    SAN DIEGO — A California appeals court on April 12 affirmed a judgment that the joint owner of a water right committed disparagement of title when it sold the entire water right to a third party (California Steel Industries, Inc. v. CCG Ontario LLC, No. E065399, Calif. App., 4th Dist., 2nd Div., 2018 Cal. App. Unpub. LEXIS 2507).

  • May 8, 2018

    Judge Disqualifies Self In Remanded San Diego Water Wheeling Lawsuit

    SAN FRANCISCO — A California state court judge presiding over two interdistrict water rate cases on April 23 granted a motion by the Metropolitan Water District of Southern California (Met) to disqualify himself from hearing remanded issues and said the cases will be reassigned to another judge (San Diego County Water Authority v. Metropolitan Water District of Southern California, et al., No. CPF-10-510830, In Re:  San Diego County Water Authority, No. CPF-12-512466, Calif. Super., San Francisco Co.).

  • May 8, 2018

    Mississippi-Tennessee Water Dispute To Be Heard Jan. 15 By Special Master

    CINCINNATI — The U.S. Supreme Court special master overseeing the interstate water dispute between Mississippi and Tennessee on April 12 issued a scheduling order that sets the date for an evidentiary hearing on Jan. 15 (Mississippi v. Tennessee, et al., No. 143, Original, U.S. Sup.).

  • May 8, 2018

    California Judge Won’t Disturb Injunction Requiring More Water For Klamath River

    SAN FRANCISCO — A California federal judge on April 30 denied motions by intervenors in two Klamath River Project water cases for relief from his judgment ordering the U.S. Bureau of Reclamation to release enough water to the river to protect an endangered species of salmon (Hoopa Valley Tribe v. National Marine Fisheries Service, et al., No. 16-4294, and Yurok Tribe v. Bureau of Reclamation, No. 17-6963, N.D. Calif., 2018 U.S. Dist. LEXIS 73641 and 2018 U.S. Dist. LEXIS 73711).

  • May 3, 2018

    North Dakota Federal Judge Won’t Delay Restart Of Clean Water Rule Case

    BISMARCK, N.D. — A North Dakota federal judge on May 1 affirmed a magistrate judge’s recommendation to deny the United States’ motion to stay a multistate Clean Water Rule challenge (North Dakota, et al. v. United States Environmental Protection Agency, et al., No. 15-59, D. N.D.).

  • May 3, 2018

    States Seek Summary Judgment In Lawsuit Challenging Change To Clean Water Rule

    NEW YORK — Ten states and the District of Columbia on May 1 asked a New York federal court to grant them summary judgment in their lawsuit alleging that the Trump administration’s actions toward the Clean Water Rule are improper (New York, et al. v. E. Scott Pruitt, et al., No. 18-1030, S.D. N.Y.).

  • May 1, 2018

    California Judge Won’t Block Purchase Of 4 Delta Islands By Water District

    STOCKTON, Calif. — A California state court judge on April 30 affirmed her tentative ruling denying a petition for a writ of mandate to block the purchase of four Sacramento-San Joaquin River Delta islands by the Metropolitan Water District of Southern California (MWD) (San Joaquin, et al. v. Metropolitan Water District of Southern California, No STK-CV-UWM-2016-0003597, Calif. Super., San Joaquin Co.).

  • April 25, 2018

    Nevada Water Rights Suit Out After Judge Rules Plaintiff Isn’t A Resident Anywhere

    RENO, Nev. — A Nevada federal judge on April 23 granted summary judgment in a water rights case after finding that the court lacks subject matter jurisdiction because the plaintiff is not a U.S. resident and because the defendant is a state government being sued in federal court (Thomas J. Romano v. Nevada Division of Water Resources, No. 16-204, D. Nev., 2018 U.S. Dist. LEXIS 67596).

  • April 19, 2018

    Justices Hear Arguments In Row Over Road Culverts, Tribes’ Fishing Rights

    WASHINGTON, D.C. — U.S. Supreme Court justices grappled April 18 with how to best balance the treaty-guaranteed fishing rights of several Indian tribes in the state of Washington with the state’s responsibility to honor the treaties by correcting hundreds of fish-blocking road culverts at a cost of billions of dollars, hearing arguments from the state, the United States and the tribes (Washington v. United States, et al., No. 17-269, U.S. Sup.).

  • April 11, 2018

    Metropolitan Water District Board Votes To Fund Entire WaterFix Project

    LOS ANGELES — The Metropolitan Water District of Southern California (MWDSC) on April 10 went against its staff recommendation and voted to fund the full California WaterFix project.

  • April 11, 2018

    Metropolitan Water District Board Votes To Fund Entire WaterFix Project

    LOS ANGELES — The Metropolitan Water District of Southern California (MWDSC) on April 10 went against its staff recommendation and voted to fund the full California WaterFix project.

  • April 11, 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.

  • April 11, 2018

    Colorado Supreme Court: Water Replacement Plan Is Speculative Under Law

    DENVER — The Colorado Supreme Court on April 9 affirmed denial of a water replacement plan, saying it violates the state’s anti-speculation doctrine for the granting of water rights (Front Range Resources, LLC v. Colorado Ground Water Commission, et al., No. 16SA243, Colo. Sup., 2018 Colo. LEXIS 280).

  • April 11, 2018

    California Appeals Court: Water Lawsuit Against Development Is Premature

    SAN DIEGO — The Fourth District California Court of Appeal on March 26 affirmed a demurrer in a case in which a real estate company challenged county government findings that there was enough water available to serve a planned residential development located next to the real estate company (Golden Door Properties, LLC v. Vallecitos Water District, et al., No. C072280, Calif. App., 4th Dist., Div. 1, 2018 Cal. App. Unpub. LEXIS 1992).

  • April 10, 2018

    Metropolitan Water District To Consider Paying To Fund Entire WaterFix Project

    LOS ANGELES — The Metropolitan Water District of Southern California (MWDSC) is set April 10 to consider whether to back a scaled-back version of the state’s WaterFix project or to fund the entire project itself, according to a memorandum for the agency’s board meeting.

  • April 10, 2018

    United States Opposes Lifting Of Injunction Staying Clean Water Rule

    BISMARCK, N.D. — The United States on April 6 objected to a North Dakota federal magistrate judge’s order lifting the court’s stay of the Clean Water Rule, saying two agencies should not have to simultaneously rewrite the rule and engage in litigation (North Dakota, et al. v. United States Environmental Protection Agency, et al., No. 15-96, D. N.D.).