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Mealey's Water Rights

October 02, 2023
Magistrate Judge Recommends Summary Judgment Against Klamath Tribes’ ESA Case

MEDFORD, Ore. — An Oregon federal magistrate judge has recommended that a judge grant summary judgment in favor of the U.S. Bureau of Reclamation and against the Klamath Tribes, finding that the agency has “equal obligations” to three species of fish in the Upper Klamath Lake and in the Klamath River under the Endangered Species Act (ESA) and did not prioritize river salmon over suckers in the lake.
September 27, 2023
California Water Board: Bottler Lacks Water Rights, Must Stop Local Diversions

SACRAMENTO, Calif. — The California State Water Resources Control Board (SWRCB) has adopted an order requiring bottled water producer Blue Triton Brand Inc. to immediately stop unauthorized diversions of spring water in the San Bernardino National Forest for lack of water rights.
September 25, 2023
Tennessee Drops Appeal Of 8-Year-Old Challenge Of 2015 WOTUS Rule

CINCINNATI — Tennessee has told the Sixth Circuit U.S. Court of Appeals that it no longer wishes to pursue its appeal challenging the 2015 Clean Water Rule, citing the rule’s repeal, the promulgation of a new waters of the United States (WOTUS) rule and injunctions against the current rule in 27 states, including Tennessee.
September 18, 2023
Government Urges High Court To Uphold ‘Bedrock Principle’ Of Chevron Deference

WASHINGTON, D.C. — The U.S. secretary of Commerce, two National Oceanic and Atmospheric Administration (NOAA) officials and the National Marine Fisheries Service (NMFS) (collectively, the government) urge the U.S. Supreme Court in a Sept. 15 brief to not overrule the doctrine of Chevron deference in a challenge to fishery regulations that were upheld by the District of Columbia Circuit U.S. Court of Appeals, writing that doing so could “cause disruption” to complex federal regulatory schemes.
September 12, 2023
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, 2023
Napa Vineyards, Vintner Sue County Over New Restrictions On Wells

SAN FRANCISCO — Three Napa Valley vineyards and a vintner have sued Napa county and its planning director, saying new well permitting violates their property and water rights.
September 12, 2023
Plaintiffs Want Utah To Modify Upstream Diversions To Avoid Drying Great Salt Lake

SALT LAKE CITY — Environmentalists, a physicians’ group and a wildlife conservancy have filed a complaint asking a Utah court to order the state to consider modifying upstream surface water diversions to restore the Great Salt Lake to levels that will continue to support brine shrimp fishing, tourism, recreation, mineral extraction and skiing and avoid the exposure of airborne toxic sediments.
September 12, 2023
Oregon District Asks High Court To Rule On Jurisdiction In Water Adjudication

WASHINGTON, D.C. — The Klamath Irrigation District has asked the U.S. Supreme Court to weigh in on whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing water adjudication under the McCarren Amendment by asserting defenses based on federal law and removing cases to federal courts.
September 12, 2023
Judge Tentatively Dismisses Michael Abatti Water Case On Res Judicata

SAN DIEGO — A California federal judge has taken under submission arguments on his tentative dismissal of a lawsuit by Michael A. Abatti against the Imperial Irrigation District (IDD) as barred by res judicata.
September 11, 2023
Arizona Federal Judge: Farmers Violated River Decree With 4 Wells

TUCSON, Ariz. — An Arizona federal judge has ruled that three farmers are pumping water from the Gila River in violation of a 1935 water decree and granted summary judgment in favor of two Native American tribes.
September 11, 2023
Federal Magistrate: Oregon Properly Denied Stays Of Klamath Lake Regulation

MEDFORD, Ore. — An Oregon federal magistrate judge has affirmed orders by the Oregon Water Resources Department (OWRD) denying stays in five related cases involving tribal water rights in the Upper Klamath Lake pending appeals.
September 11, 2023
Water Contract Validation Appeal Denied By California Court For Lack Of Judgment

FRESNO, Calif. — A California appeals court has dismissed an appeal involving water contracts between a water district and the United States for lack of appellate jurisdiction because the trial court never entered a judgment in the underlying case.
September 11, 2023
Water Contract Lacked Essential Details, California Appeals Court Rules

FRESNO, Calif. — A California appeals court has affirmed dismissal of a water contract validation action filed by a water district, agreeing that the attached contract lacked essential details, including what the district’s water project loan repayment obligation is.
September 08, 2023
California Judge Mandates That Ordinance Favoring Ag Users Over City Be Vacated

LOS ANGELES — A California state court has issued a judgment and mandate ordering a groundwater management agency to rescind an ordinance that violates enabling state law by being more restrictive against a city as compared to agricultural water users.
September 01, 2023
7th Circuit: Illinois State Law Limits Water Company’s Legal Right To Provide Service

CHICAGO — The Seventh Circuit U.S. Court of Appeals said a rural Illinois water company does not have the legal right to provide water to a nearby village because it cannot supply sufficient amounts under state law, regardless of territorial protection provided by virtue of a federal loan.
September 01, 2023
Washington State Appeals Court Reverses Rulings On Change To Water Rights Certificate

SPOKANE, Wash. — A divided Washington appeals court panel has reversed a state hearing board denial of a change to a water rights certificate and reversed a trial court ruling that decided issues not before the court.
August 31, 2023
6th Circuit Asks WOTUS Appeal Parties To Address Amended EPA/Army Corps Rule

CINCINNATI — The Sixth Circuit U.S. Court of Appeals has asked remaining parties in an appeal of a 2015 version of the United States (WOTUS) rule to simultaneously submit briefs addressing an amended rule announced Aug. 29 by the federal government.
August 30, 2023
Suit Challenging Corps’ Reversion To 2020 WOTUS Rule Transferred To Georgia

WASHINGTON, D.C. — The U.S. District Court for the District of Columbia has granted a motion by a mining company to transfer to the Southern District of Georgia a lawsuit by four environmental groups challenging a settlement that reinstated approval jurisdictional determinations (AJDs) for a Clean Water Act permit application based on the now-replaced 2020 waters of the United States (WOTUS) definition.
August 30, 2023
WOTUS Rule Amended To Conform With Sackett, EPA And Army Corps Announce

WASHINGTON, D.C. — Four months after the U.S. Supreme Court’s waters of the United States (WOTUS) ruling in Michael Sackett, et al. v. Environmental Protection Agency, et al., the Environmental Protection Agency and Army Corps of Engineers on Aug. 29 announced amendments to their 2023 Rule to conform to the decision.
August 09, 2023
California Appeals Panel Affirms Court’s Rejection Of ‘Anticipated’ Water Pact

FRESNO, Calif. — A California appeals court affirmed dismissal of an action in which a water district sought to have the trial court validate an “anticipated contract” between the district and the United States for continued delivery of water from a federal reclamation project and repayment of federal water project funding.
August 08, 2023
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 08, 2023
Water District Says ESA Water Diversion Is A Taking Of Property By United States

WASHINGTON, D.C. — A California water district has asked the Federal Circuit U.S. Court of Appeals to reverse the Court of Federal Claims by finding that the federal diversion of 49,800 acre-feet of water from a dam on the Santa Clara River is a compensable physical taking of a property right and not a regulatory taking that is not ripe for review.
August 08, 2023
Oregon Farmers Say Tribe’s Priority Call For Klamath Water Hurts Their Livelihood

MEDFORD, Ore. — An Oregon federal magistrate judge has taken under advisement five plaintiffs’ challenges to the state’s refusal to stay an order that they stop using their water rights for crop irrigation because of a senior call by a Native American tribe.
August 07, 2023
California County Asks Court To Set Aside Water Bypass, Comply With CEQA

WOODLAND, Calif. — A California county is seeking a writ of mandate to set aside the environmental impact report for a water bypass project, saying it would divert double the amount of water initially stated.
August 07, 2023
Tribe Sues Interior Department To Force Diversion Of Unused Water To Pyramid Lake

RENO, Nev. — A Nevada Native American tribe has sued the U.S. Department of the Interior for allegedly failing to fulfill the federal government’s obligations under the Truckee-Carson-Pyramid Lake Water Settlement Act by failing to return water to Pyramid Lake to support fish important to the tribe.