On January 18, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) published a final rule (2023 Rule) revising the definition of “waters of the United States” (WOTUS) as used in the...more
For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to...more
The Oregon Supreme Court recently reversed a decision of the Oregon Court of Appeals and determined that the lease of a vested hydroelectric water right to the state for instream uses did not qualify as the “use of water...more
A shift in administration at the state or federal level comes with regulatory changes and uncertainties. Already, the Biden administration has demonstrated it will have different environmental enforcement priorities and...more
A unanimous Washington State Supreme Court recently upheld the Spokane River instream flow rule, WAC 173-557-050, in the face of a challenge brought by environmental and recreation groups. The challengers argued that the...more
Under Oregon Revised Statute (ORS) 543A.305, a “water right associated with [a] hydroelectric project” converts to a permanent in-stream water right “[f]ive years after the use of water under [the] hydroelectric water right...more
In late 2019, the King County Superior Court issued a decision in Norlander v. Caldwell, Case No. 18-2-05702-7 SEA, which serves as a cautionary tale for plaintiffs seeking to recover remedial action costs under Washington’s...more
In Brooks v. Byler et al., Marion County Circuit Court Case No. 19CV27798, the Marion County Circuit Court rebuked the Oregon Water Resources Department’s (OWRD) attempt to regulate groundwater users based on OWRD’s blanket...more