News & Analysis as of

Bureau of Reclamation

Husch Blackwell LLP

BOLO: Cannabis Qui Tam Actions

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Due to federal illegality, the cannabis industry has long been plagued by federal agencies taking a variety of different enforcement approaches to cannabis businesses. From the U.S. Patent and Trademark Office to the National...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 4.12.24

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Powerful pumps that supply much of California’s population with water have killed several thousand threatened and endangered fish this year, prompting environmental groups to demand that state and federal agencies take...more

Nossaman LLP

Solar + Water Canals = Win-Win?

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On April 4, 2024, Governor Newsom and the U.S. Bureau of Reclamation (Bureau) announced that the Bureau awarded California $15 million for the Delta-Mendota Canal floating solar project. The project, which is funded through...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 1.12.24

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Top water officials for the seven Colorado River Basin states met in December 2023 at the Colorado River Water Users Association conference to resume negotiating a new compromise for how they will share — and cut back on —...more

Allen Matkins

California Environmental Law & Policy Update 11.03.23

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The future of California water storage reached a major milestone on Thursday with the finalization of plans for the Sites Reservoir in Northern California. The reservoir would be the second largest off-stream reservoir in the...more

Snell & Wilmer

Colorado River Update:  Reclamation Issues FR Notice for Post-2026 Operational Guidelines and Strategies

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The U.S. Bureau of Reclamation has initiated the Environmental Impact Statement (“EIS”) process for post-2026 operational guidelines and strategies of Lake Powell and Lake Mead. This process is in addition to the Draft...more

Downey Brand LLP

Hurdles remain for Colorado River agreement

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On May 22, Arizona, Nevada, and California sent a letter to the Commissioner of the U.S. Bureau of Reclamation (Reclamation) that announced their agreement to conserve an additional 3 million acre-feet of Colorado River water...more

Snell & Wilmer

The Law of the Colorado River:  An Opportunity for Change

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The Department of Interior announced on Monday, May 22, 2023 an agreement with the Lower Basin states to conserve 3 million acre-feet (“MAF”) of water in Lake Mead for the next four years, with 2.3 MAF paid for with funding...more

Snell & Wilmer

Biden Administration Considers Interrupting the “Law of the River” Status QuoPrint

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The U.S. Bureau of Reclamation has released its Near-term Colorado River Operations Draft Supplemental Environmental Impact Statement, analyzing three paths forward for managing the Colorado River in light of the potentially...more

Nossaman LLP

ESA Preempts Oregon Water Rule in U.S. District Court Decision

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On February 6, the U.S. District Court for the Northern District of California sided with the Bureau of Reclamation (Reclamation) and plaintiffs Institute for Fisheries Resources, Pacific Coast Federation of Fishermen’s...more

Allen Matkins

Special Drought Edition: California Environmental Law & Policy Update - December 2022

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In early November, the U.S. Supreme Court agreed to hear a case brought by the Navajo Nation that could have far-reaching impacts on tribal water rights in the Colorado River Basin....more

Nossaman LLP

Bureau of Reclamation and Local Water Agency Have Discretion to Release Water from Dam to Avoid Take of Endangered Steelhead Trout

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Reversing the district court, a divided panel of the Ninth Circuit held that that the Bureau of Reclamation and a local water agency have discretion to release water from Twitchell Dam on the Santa Maria River on the Central...more

Snell & Wilmer

As Colorado River Conditions Continue to Deteriorate, the United States Warns that More Cuts will be Required and the Basin States...

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The Colorado River is a critical water source for more than 40 million people, vast agricultural operations, numerous industries, and a wide variety of ecological resources across the seven states that share its waters:...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Voluntary Groundwater Pumping Program/U.S. Bureau of Reclamation: Federal Court Addresses National Environmental Policy Act...

A United States District Court (“E.D. California”) (“Court”) addressed in a September 14th Order a National Environmental Policy Act (“NEPA”) challenge to a groundwater extraction project in the Sacramento River Valley. See...more

Allen Matkins

California Environmental Law & Policy Update - August 2021 #3

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In a first, U.S. declares shortage on Colorado River, forcing water cuts - The New York Times – August 16 - With climate change and long-term drought continuing to take a toll on the Colorado River, the federal Bureau of...more

Snell & Wilmer

Reclamation Declares Tier 1 Shortage on Colorado River for 2022

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The U.S. Bureau of Reclamation (“Reclamation”) published its August 2021 24-Month Study on Monday, effectively declaring a shortage on the Colorado River for the Lower Colorado River Basin. The August study predicts that the...more

Snell & Wilmer

Colorado River Lower Basin States Face Tier 1 Shortage and Maybe More

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The U.S. Bureau of Reclamation’s April 24-Month Study, published this week, as expected, signals a significant likelihood of reduced water deliveries in the Lower Basin of the Colorado River to Arizona, California, and...more

Allen Matkins

California Environmental Law & Policy Update - September 2020 #3

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Montage Healdsburg resort faces $6.4 million fine for construction stormwater-related violations - Bullet The Press-Democrat – September 15 - The developer of the Montage Healdsburg hotel in Sonoma County is facing...more

Best Best & Krieger LLP

The EPA’s National Water Reuse Action Plan

Joint Plan Aims to Meet Rising Water Demands - A new National Water Reuse Action Plan focuses on water reuse practices aimed at strengthening water security, sustainability and resilience for both rural and urban...more

Nossaman LLP

Changes to Central Valley Project and State Water Project Operations

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On February 19, 2020, the U.S. Bureau of Reclamation issued a Record of Decision (ROD) on the reinitiation of consultation on the coordinated long-term operations of the Central Valley Project and State Water Project.  At the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Central North Dakota Water Supply Project: Missouri Files Federal District Court Action Alleging Administrative Procedure...

The Missouri Attorney General and Missouri Department of Natural Resources (collectively, “Missouri”) filed a Complaint in the United States District Court for the Western District of Missouri on February 5th against: -...more

Snell & Wilmer

Colorado River News is a Mixed Bag: Heavy Snowmelt Can’t Prevent “Tier Zero” Shortage

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Every year, Colorado River water users anxiously wait for the results of the Bureau of Reclamation’s (“BOR”) August 24-Month Study Report. While the report is updated and published monthly, the August report is particularly...more

Mitchell, Williams, Selig, Gates & Woodyard,...

California Wild and Scenic Rivers Act: Environmental Organizations Challenge Water District's Involvement with Dam Expansion and...

The Sierra Club and other organizations (collectively “Sierra club”) filed in California Superior Court a May 13th “Complaint for Declaratory and Injunctive Relief and Verified Petition for Writ of Mandate” (“Complaint”)...more

Snell & Wilmer

Colorado River Basin States Inch Closer to Agreements on Drought Contingency Plan as Bureau of Reclamation Sets Deadline

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As members of the Colorado River Water Users’ Association gathered for their annual meeting in Las Vegas last week, the States of Arizona and California appeared to be making progress towards approving agreements needed to...more

Perkins Coie

Federal Agencies Must Modify Operations at Columbia River Hydroelectric System to Protect Salmonid Species

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The Federal Court of Appeals for the Ninth Circuit recently affirmed a district court order requiring that the National Marine Fisheries Service, the Corps of Engineers, and the Bureau of Reclamation conduct spill operations...more

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