Water Rights

News & Analysis as of

Square Pegs in Round Holes

The Western states face two reciprocating and overarching problems in water resources policy. First, water is an increasingly scarce resource facing sharply competitive needs. Climate change is projected to put even more...more

Washington State Supreme Court Issues Landmark Ruling: “Overriding Considerations Of The Public Interest” Do Not Justify...

On October 3, 2013, the Washington State Supreme Court ruled in Swinomish Indian Tribal Community v. Wash. Dept. of Ecology (No. 87672-0, Wash. Oct. 3, 2013) that the Department of Ecology exceeded its authority by applying...more

State Water Resources Control Board May Prevent Illegal Diversions Of Water, Even If Diverter Claims Riparian Or Pre-1914...

In Young v. State Water Resources Control Board (--- Cal.App.4th ----, Cal.App. 3 Dist., August 4, 2013), a California court of appeal considered whether the State Water Resources Control Board (“Water Board”) has the...more

Hydraulic Fracking and the Battle Over Beneficial Water Use in California: The Next Phase of Fracking Litigation in California

The competition between agriculture, energy, domestic and environmental interests for water in California is fierce and is about to become more contentious. In a “wet year,” the demand for water from these interests may...more

Pa. Litigation Update

This summer was anything but a sleepy period for decisions from Pennsylvania courts on issues important to the oil and gas industry. Here are summaries of four cases issued in July and August - one from the Third Circuit...more

Florida to Sue Georgia Over Impact To Apalachicola Bay

Earlier this month, the State of Florida announced it will be filing a lawsuit in September in the U.S. Supreme Court seeking to limit Georgia’s consumption of water from the Chattahoochee and Flint River Basins through an...more

Quench My Thirst: Water Rights in the Context of Water Treatment Technologies

Introduction - •35,000 wells hydraulically fractured in the U.S.Annually •Over one million wells have been hydraulically fractured since its introduction in the 1940s •90% of all wells drilled in the U.S....more

The Farm and FY14 Energy and Water Development Bills – ML Strategies Weekly Energy and Environmental Update

Immigration, student loans, the budget, and the Farm bill, are the top four issues that Congress will consider before the August recess. That being said, President Obama’s recent climate change strategy release ensures that...more

Environmental Law Alert - June 2013: Environmental Cases Decided by the Supreme Court During its Recent Term

Although the Supreme Court’s decisions regarding the Voting Rights Act, affirmative action, and gay marriage earned most of the attention during the 2012-2013 term, a number of significant decisions with regard to...more

Decision Made Concerning Red River Compact

This month, in Tarrant Regional Water District v. Herrmann, the United States Supreme Court unanimously sided with the State of Oklahoma in the state’s long battle with the State of Texas concerning the Red River Compact, 94...more

Sooners Beat Longhorns in Red River Bowl

In a unanimous decision issued June 13, the Supreme Court put an end to a parched Texas municipal utility’s bid to secure an Oklahoma water right. In Tarrant Regional Water District v. Herrmann, the Court rejected every...more

Court Upholds Validity of Landmark Water Transfer Agreement Providing Greater Certainty to California's Water Supply

On June 4, 2013, the Sacramento County Superior Court issued its much-anticipated ruling in the QSA Coordinated Civil Cases, upholding the validity of the historic Quantification Settlement Agreement and related agreements...more

The Aransas Project v. Shaw: An Endangered Species Act Decision With Potential Implications for Water Rights

Last month, a federal district court in Texas ruled that state regulators proximately caused an unlawful “take” of listed whooping cranes in violation of the Endangered Species Act (ESA) because the state surface water permit...more

Texas v. Oklahoma Water Rights Dispute Argued in U.S. Supreme Court

An article published by Law360 on March 22, 2013, reports that the state of Oklahoma has filed a merits brief with the U.S. Supreme Court in a case involving a Texas water district’s request to draw water from a tributary of...more

Ninth Circuit Orders Endangered Species Act Case To Be Reheard En Banc

On March 5, 2013, the United States Court of Appeals for the Ninth Circuit ordered Natural Resources Defense Council v. Salazar, 1:05-cv-01207, to be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and...more

DISPUTE RESOLUTION: Business Litigation Important Texas Water Rights Case Could Affect Oil & Gas Activities as Well by Brannon...

The Texas Supreme Court recently issued an important decision on a groundwater rights question that had gone unanswered for more than a century. In Edwards Aquifer Authority v. Day, the Court held that Texas property owners...more

Energy Newsletter - January 2013

In This Issue: - TRANSACTIONAL: Corporate/London; Maritime - Maritime Boundaries: UNCLOS and disputes over the right to explore and develop offshore reserves and the effect on the oil and gas industry -...more

A Victory for Water Users in Siskiyou County

Water users in Siskiyou County have avoided an additional hurdle to exercising their valid water rights, according to the Siskiyou County Superior Court. On December 24, 2012, Judge Karen L. Dixon held that the legislature...more

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