On August 20, 2021, the Deputy Director of the Division of Water Rights (Deputy Director) of the State Water Resources Control Board (State Water Board) issued water curtailment orders for the remainder of August and for all...more
What Real Estate Do You Own? Normally, property owners know what land they own. They have a deed with a legal description and a survey which clearly shows their property line....more
The Court of Appeals of North Carolina (“Court”) addressed in an October 16th opinion whether Lewis Edward Dye, Jr (“Defendant”), through his chain of title in a small tract of land on Everett’s Lake (the “Lake”) also has the...more
he Superior Court of New Jersey (“Court”) addressed in a March 27th opinion the impact of state ownership on a conflict over access to a waterbody. See Rapisardi v. Estate of Lange, No. A-37322-16T2, 2018 WL 1473918 (N.J....more
The South Carolina Supreme Court (“Court”) addressed in a May 30th opinion a judicial challenge to the South Carolina Surface Water Withdrawal, Permitting, Use, and Reporting Act (“Act”). See Jowers v. South Carolina Dept. of...more
The Missouri Court of Appeals addressed in a June 19th opinion whether an abutting landowner had riparian rights to a man-made waterbody. See Incline Village Board of Trustees v. Edler, 2018 WL 3028993. The key issue was...more
The State Water Resources Control Board exceeded its jurisdictional authority under Water Code section 1052 when it issued curtailment notices to pre-1914 and riparian water rights holders, a Santa Clara County Superior Court...more
The Michigan Court of Appeals addressed in a January 16th opinion an action in which the Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a...more
The Supreme Court of South Carolina considered the constitutionality of the registration provisions of its Surface Water Withdrawal Act (“Act”). See Jowers v. South Carolina Dept. of Health and Environmental Control, 2017 WL...more
Environmental and Policy Focus: State Water Board launches investigation into claims of senior water rights - Allen Matkins - Feb 9: On February 4, 2015, the State Water Resources Control Board issued an order seeking...more
Action Required - Parties identified on Attachment A of the State Water Board's Order must provide the requested information no later than March 6, 2015, or face potential enforcement actions. ...more
Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more