Mealey's Water Rights

  • October 09, 2019

    States Back Anglers’ Groups Seeking Reversal Of Clean Water Act Ruling

    WASHINGTON, D.C. — Twenty-one states filed an amicus curiae brief Sept. 27 in the U.S. Supreme Court to support two fishing groups battling a ruling in favor of an Indian tribe that Oregon and California’s authority to conduct water quality reviews for the federal licensing process for hydroelectric dams was waived by the dam operator’s yearly withdrawals and resubmissions for federal licensing renewal (California Trout, et al. v. Hoopa Valley Tribe, et al., No. 19-257, U.S. Sup., 2019 U.S. S. Ct. Briefs LEXIS 3572).

  • October 09, 2019

    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, 2019

    California Appeal Court: Winery Won’t Effect Groundwater Supply

    SAN FRANCISCO — In a ruling issued Sept. 6 and published Oct. 7, a California appeals court affirmed that there is no evidence to support a fair argument that a proposed winery in northern California will have significant environmental effects, including on groundwater below and around the proposed project (Maacama Watershed Alliance, et al. v. County of Sonoma, et al., No. A155606, Calif. App., 1st Dist., Div. 4, 2019 Cal. App. LEXIS 977).

  • October 09, 2019

    19 Senators Want Army Corps’ ‘Water Supply Rule’ To Be Withdrawn For More Input

    WASHINGTON, D.C. — Nineteen U.S. senators from the American west on Sept. 16 sent a letter urging the director of the Office of Management and Budget (OMB) to withdraw a proposed rule governing the use of water from U.S. Army Corps of Engineer reservoir projects.

  • October 09, 2019

    Nevada Mining Companies Settle Water Rights Dispute Over Alleged Non-Use

    CARSON CITY, Nev. — The Nevada state engineer on Aug. 9 terminated a water rights application after the parties announced that they settled allegations that one party had forfeited its rights through non-use (In the Matter of a Petition to Forfeit Permit 44411, et al., Nev. Engineer[MT(1]).

  • October 08, 2019

    Parties Debate Effect Of Clean Water Rule Repeal On 4-Year-Old Texas Case

    GALVESTON, Texas — Defendant-intervenors in a Clean Water Rule case on Sept. 19 told a Texas federal court that there is no reason for it to reconsider its summary judgment order in a Clean Water Rule case now that the federal government has announced a proposed rule repealing the 2015 Rule at the center of the lawsuit (Texas v. Environmental Protection Agency, et al., No. 15-162, S.D. Texas, Galveston Div.).

  • October 08, 2019

    Florida Court Holds Clean Water Rule Case In Abeyance Pending Repeal

    TALLAHASSEE, Fla. — A Florida federal judge on Sept. 22 ordered a Clean Water Rule case held in abeyance for 75 days until a repeal rule possibly becomes effective (Southeast Stormwater Association, Inc., et al. v. Environmental Protection Agency, No. 15-579, N.D. Fla., Tallahassee Div.).

  • October 07, 2019

    Water District Drops Study Of Shasta Dam Raising After High Court Denies Appeal

    SACRAMENTO, Calif. — Five days after the California Supreme Court refused to review an injunction against Westlands Water District’s proposed environmental study of raising the Shasta Dam, the district on Sept. 30 announced that it terminated its plans (Westlands Water District v. Superior Court, No. S257858, Calif. Sup.).

  • October 07, 2019

    Mississippi, Tennessee File Closing Briefs In Interstate Water Dispute

    CINCINNATI — Mississippi on Sept. 19 told a U.S. Supreme Court special master that groundwater under it and neighboring Tennessee is not an interstate resource and that the high court should not apply the doctrine of equitable apportionment (State of Mississippi v. State of Tennessee, et al., No. 143, Orig., U.S. Sup.).

  • October 03, 2019

    United States Tells Court To Vacate 2015 Clean Water Rule To Remove Uncertainty

    BRUNSWICK, Ga. — The United States on Oct. 1 said a Georgia federal judge should reconsider his Aug. 21 decision overturning the 2015 Clean Water Act and vacate the rule since the government has since published a replacement (Georgia, et al. v. Andrew R. Wheeler, et al., No. 15-79, S.D. Ga., Brunswick Div.).

  • September 24, 2019

    Fracking Company:  Drilling Injunction Not Warranted In Federal Lease Dispute

    ALBUQUERQUE, N.M — A hydraulic fracturing company on Sept. 20 filed a brief in New Mexico federal court as an intervenor in a federal lease dispute, contending that a Native American tribe and environmental advocacy groups have not established the requirements for a preliminary injunction to prevent fracking in the Mancos Shale Play (Diné Citizens Against Ruining Our Environment, et al. v. David Bernhardt, et al., No. 19-703, D. N.M.).

  • September 24, 2019

    Nevada Supreme Court OKs Reinstatement Of Water Priority Dates After Error

    CARSON CITY, Nev. — In a 5-2 ruling, the Nevada Supreme Court on Sept. 12 said a district court did not abuse its discretion by reinstating a ranch’s loss of water priority dates after the state engineer reset the date due to the rights holder’s clerical error (Tim Wilson, P.E., et al. v. Happy Creek, Inc., No. 74266, Nev. Sup., 2019 Nev. LEXIS 54).

  • September 13, 2019

    Trump Administration Tries Again To Repeal The 2015 Clean Water Rule

    WASHINGTON, D.C. — The Trump administration on Sept. 12 announced the publication of a final rule to repeal the 2015 Clean Water Rule and revert federal pollution regulations to their pre-2015 versions.

  • September 11, 2019

    Montana Water Court Reverses State’s Denial To Add Tanks To Ranch’s Water Rights

    BOZEMAN, Mont. — A Montana Water Court judge on Sept. 9 reversed denial of an application by a ranch to add water tanks for its livestock, saying the Montana Department of Natural Resources and Conservation (DNRC) misapprehended evidence, misinterpreted the law, relied on inapplicable law and reached an arbitrary and capricious determination (Broken O Land & Livestock, LLC v. Montana Department of Natural Resources & Conservation, WC-MAPA-2018-02, Mont. Water, U. Missouri Div., Sun River Basin, 2019 Mont. Water LEXIS 11).

  • September 11, 2019

    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 11, 2019

    Oral Arguments In High Court Florida-Georgia Water Case Moved Up To November

    ALBUQUERQUE, N.M. — The U.S. Supreme Court special master presiding Florida’s interstate water lawsuit against Georgia on Sept. 6 moved oral arguments about the criteria for equitable apportionment from December to Nov. 7 (Florida v. Georgia, No. 142 Orig., U.S. Sup.).

  • September 11, 2019

    20 Amici Urge 10th Circuit To Reverse Injunction Denial Against Clean Water Rule

    DENVER — Twenty business associations on Aug. 13 filed an amicus curiae brief urging the 10th Circuit U.S. Court of Appeals to reverse a federal district court’s denial of a preliminary injunction against the 2015 Clean Water Rule (State of Oklahoma, ex rel. Mike Hunter, et al. v. United States Environmental Protection Agency, et al., No. 1905055, 10th Cir.).

  • September 10, 2019

    Colorado High Court:  Water Rights Must Be Adjudicated Before Seeking Enforcement

    DENVER — The Colorado Supreme Court on Sept. 9 affirmed that a plaintiff cannot sue over interference with water rights when no rights have been adjudicated under state law (The Luskin Daughters 1996 Trust, et al. v. Steve Young, et al., No. 18SA215, Colo. Sup., 2019 Colo. LEXIS 929).

  • September 10, 2019

    Idaho Supreme Court: Lower Court Erred Regarding Irrigation Company Shares

    BOISE, Idaho — The Idaho Supreme Court on Aug. 27 said a trial court erred in ruling that the purchaser of a property acquired shares in a nonprofit mutual irrigation corporation because the shares were an appurtenance to the property (Eagle Creek Irrigation Company, Inc. v. A.C. & C.E. Investments, Inc., et al., No. 45675, Idaho Sup., 2019 Ida. LEXIS 134).

  • September 10, 2019

    Judge Dismisses Tribe’s Suit To Find New Water Trust Duties By Federal Government

    PRESCOTT, Ariz. — An Arizona federal court judge on Aug. 23 said the Navajo Nation cannot establish that the federal government has a trust responsibility to determine the quantities and sources of water required for the tribe’s reservation or to secure an adequate water supply for the reservation (Navajo Nation v. United States Department of the Interior, et al., No. 03-507, D. Ariz., 2019 U.S. Dist. LEXIS 143801).