Water Rights

News & Analysis as of

Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the...more

[Webinar] Implementation of the Sustainable Groundwater Management Act (SGMA) - September 20th, 10:00am PDT

Join Nossaman attorneys for a timely discussion of new laws that are changing the landscape of water resource management. This webinar for CLE credit* will cover critical water-related legal topics including implementation...more

California Environmental Law & Policy Update - September 2016

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

No Prescriptive Rights Arise from Misuse of Dedicated Area

In 2012 the Michigan Legislature passed PA 56 in an attempt to stop the misappropriation of public road ends by private individuals. Though PA 56 carries criminal penalties, a recent Court of Appeals decision reflects that...more

Sweeping Six-Case Win For Water District Helps Secure Orange County's Water Supply

In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County’s water supply. It issued several opinions in response to challenges to a proposed public-private partnership...more

California Environmental Law & Policy Update - June 2016 #2

Environmental and Policy Focus - Appellate court temporarily blocks Delta island sale - Sacramento Bee - Jun 7 - The California Third District Court of Appeal on Tuesday granted a temporary stay blocking...more

California Environmental Law & Policy Update - June 2016

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Tribal Groundwater Resources – Management Considerations Under Current Law

In the arid southwest, water is the most important and precious natural resource. In some communities, groundwater is the primary source, and often sole source, of water for domestic, agricultural irrigation, industrial, and...more

Why California’s New Groundwater Management Law is a Game Changer for Mine Operators

Ready or not, California’s new Sustainable Groundwater Management Act (“SGMA”) is here and mine operators should be vigilant in monitoring and actively participating in developments under the law. Previously, the use of...more

CA Lawmaker Floats a Legislative Fix to Siskiyou County Farm Bureau Case

Last summer, the Third District Court of Appeal issued a sweeping ruling in Siskiyou County Farm Bureau v. Department of Fish and Wildlife, which made any substantial diversions of water subject to the streambed alteration...more

California Environmental Law & Policy Update - March 2016 #3

Environmental and Policy Focus - Bill would limit communications with California Coastal Commission: Santa Barbara Independent - Mar 23 - State Senator Hannah-Beth Jackson announced plans to introduce a bill...more

Texas Groundwater Case Opens New Front in Regulatory Takings Claims

Water rights lawsuits are not new. But a recent ruling in Texas sets new precedent in the fight for groundwater. There, a Texas trial court recently awarded pecan farmers Glenn and JoLynn Bragg $2.5 million for their lost...more

B.C. Enters New Era of Water Regulation as Water Sustainability Act Is Brought into Force

Nearly two years after passing the Water Sustainability Act (WSA), the province of British Columbia has quietly brought it into force through the registration of five new regulations. Together, these implement a new regime...more

Arizona Supreme Court Affirms ADWR’s Approval of Mining Company’s Request to Sever and Transfer Its Surface Water Rights

The Arizona Supreme Court, in Arizona Department of Water Resources v. Hon Crane McClennen in and for the county of Maricopa, No. CV-15-0223-SA, reversed a ruling from Judge McClennen of the Superior Court of Maricopa County...more

Brownstein's Annual California Water Rights Compliance Checklist

On behalf of Brownstein’s California Water Group, we are pleased to provide you with our California Water Rights: Compliance Checklist for 2016. This Checklist provides a summary of state water right reporting requirements...more

New California Laws: AB 1390 and SB 226: More Groundwater

Last October, Gov. Jerry Brown signed into law two bills designed to make groundwater disputes easier and faster to resolve in court. Companion bills Assembly Bill 1390 and Senate Bill 226 are intended to streamline...more

New Water Law Will Affect Everyone Who Uses Water in Florida

On January 14, 2016, the officers of the Legislature presented CS/CS/SB 552 to Governor Scott for signature. More famously known as the "Water Bill," this 134-page page marvel of compromise proves that it is still possible to...more

Some Decisions Just Make One Say “Wow!”

Conservatives sometimes talk about lawless, i.e., liberal, judges. Let me tell you a story about Judge Robert Clive Jones, who presided over the United States v. Estate of E. Wayne Hage, until the 9th Circuit this week...more

California Environmental Law & Policy Update - January 2016 #2

Environmental and Policy Focus - State lawmaker seeks to close old SoCal Gas wells in Aliso Canyon - Los Angeles Business - Jan 12 State Senator Fran Pavley is calling for Southern California Gas Co. to close older...more

Water and Land Part 2

Water and Land - In Part I, we discussed the lawsuit between the State of North Carolina and Alcoa which determined that Alcoa owns a 45 mile portion of the Yadkin River riverbed. State of North Carolina v. Alcoa Power...more

U.S. District Court Denies Penobscot Nation's Claim to Penobscot River

On December 16, 2015, Judge Singal issued his decision in the Penobscot Indian Nation v. Mills lawsuit, in which the Penobscot Indian Nation (PIN) had claimed that their reservation included the entire main stem of the...more

Water Rights Adjudication Process Serving Streamlined

AB 1390 expedites comprehensive groundwater adjudications to determine rights to extract groundwater in a basin. While AB 1390, a companion bill to the Sustainable Groundwater Management Act of 2014, streamlines several...more

California Environmental Law & Policy Update - November 2015

Environmental and Policy Focus - Senate votes to block EPA’s clean water rule: The Hill - Nov 4:: The U.S. Senate approved a bill Wednesday to block the Obama administration’s new regulation defining federal authority...more

Five Considerations Before Selling a Vineyard or Winery

Whether to sell a vineyard or winery is one of the most significant decisions an owner will make. There are financial, career, lifestyle, and other factors that go into the choice, and the calculation is different for each...more

California Water Board Lifts Curtailment of Senior Water Rights in Sacramento-San Joaquin Delta

The State Water Resources Control Board on Tuesday issued a notice lifting water diversion restrictions for the holders of all senior water rights in the Sacramento-San Joaquin watersheds and Delta. The Board issued the...more

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