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Water Rights

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

Riparian Rights: Missouri Appellate Court Assesses Whether a Man-Made Lake Has Become Natural

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

Beveridge & Diamond PC

With This Tie, There Is a Winner: 4-4 SCOTUS Ruling Results in Victory for Native Americans and a Clear Mandate for Washington to...

by Beveridge & Diamond PC on

In most instances, a tie means there is no winner and no loser. Not so with the U.S. Supreme Court’s 4-4 tie in the “Culverts Case” (one branch of the sprawling U.S. v. Washington case) on June 11, 2018. Instead, by...more

K&L Gates LLP

"Culvert Case" Affirmed

by K&L Gates LLP on

Potential Implications for Northwest Regulators and Private Parties - On June 11, 2018, an equally divided United States Supreme Court affirmed per curiam the Ninth Circuit’s decision in United States v. Washington, known...more

Davis Wright Tremaine LLP

Big Tribal Victory in Culvert Case, Big Implications for Taxpayers

by Davis Wright Tremaine LLP on

On June 11, the Supreme Court issued a one-sentence order affirming the Ninth Circuit’s 2016 judgment in United States v. State of Washington. In that case, the federal government sued Washington on behalf of several Indian...more

Stoel Rives LLP

Supreme Court Affirms Ninth Circuit’s Decision in Culverts Case

by Stoel Rives LLP on

Today the United States Supreme Court issued a 4-4 per curiam decision (Justice Kennedy was recused) affirming the United States Court of Appeals for the Ninth Circuit’s decision in the Culverts case, which is the latest...more

Best Best & Krieger LLP

The Price of an Aging Infrastructure on the Environment

by Best Best & Krieger LLP on

In this interview-style discussion, State Water Contractors General Manager Jennifer Pierre sits down with Best Best & Krieger LLP Partner Stefanie Morris to discuss impacts of California's aging infrastructure on our...more

Nossaman LLP

California Poised to Waive Protections for Endangered Fish as Tribes Seek to Shutdown Klamath Irrigation Project in an Effort to...

by Nossaman LLP on

In late May 2018, the Klamath Tribes filed a lawsuit in the United States District Court for the Northern District of California seeking to shut down the Bureau of Reclamation’s Klamath Irrigation Project, which supplies...more

K&L Gates LLP

New Mexico Files Counterclaims Against Texas and the United States in Latest Chapter of Interstate Water Compact Dispute

by K&L Gates LLP on

On March 12, 2018, we issued an alert analyzing the United States Supreme Court’s decision in Texas v. New Mexico, 138 S.Ct. 954 (2018), allowing the United States to intervene in an interstate water compact dispute between...more

Best Best & Krieger LLP

Administrative Hearing Office Proposed for State Water Resources Control Board - Proposed Legislation Would Provide for Efficient...

by Best Best & Krieger LLP on

With the release of California’s budget trailer bill came proposed new legislation that would add an Administrative Hearing Office within the State Water Resources Control Board....more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds National Park Service Has the Authority to Regulate Navigable Waters in Alaska’s National Parks and Prohibit...

Sturgeon v. Frost, et al., 872 F.3d 927 (9th Cir. 2017). In September 2011, moose hunter John Sturgeon brought an action against the National Park Service (“Park Service”), alleging it inappropriately banned him from using...more

Holland & Knight LLP

California Court of Appeal Rejects Challenge to Water Right Permit and License Fee

by Holland & Knight LLP on

• In Northern California Water Association et al. v. State Water Resources Control Board et al., the California Third District Court of Appeal rejected challenges to a new annual fee on water right permit and license holders...more

Brownstein Hyatt Farber Schreck

California Water Rights Compliance Checklist for 2018

This checklist provides a summary of state water right reporting requirements and applicable deadlines for users of surface or groundwater in California for calendar year 2018. If you have questions about the information...more

K&L Gates LLP

SCOTUS Rules United States May Pursue Its Interstate Water Compact Claims in Texas v. New Mexico and Colorado

by K&L Gates LLP on

On February 12, 2018, we issued an alert analyzing two interstate water compact disputes before the United States Supreme Court: Texas v. New Mexico and Colorado and Florida v. Georgia. On March 5, the Court ruled that the...more

Butler Snow LLP

SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

by Butler Snow LLP on

Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit from the Environmental Protection Agency (“EPA”).  As...more

Faegre Baker Daniels

Supreme Court Decides Texas v. New Mexico

by Faegre Baker Daniels on

On March 5, 2018, the Supreme Court of the United States decided Texas v. New Mexico, No. 141 Orig., holding that the United States may pursue the Rio Grande Compact claims it has pleaded as an intervenor in a water rights...more

Best Best & Krieger LLP

California Water Board Lacks Jurisdiction to Curtail Water Use by Senior Water Rights Holders - Court Decision on California Water...

by Best Best & Krieger LLP on

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

Locke Lord LLP

Podcast Episode 16 - Tales from the Border Wall with T. Christian Miller

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 16, T. Christian Miller of ProPublica joins us to talk about ProPublica's series of articles on the Border Wall. The excellent series can be...more

Allen Matkins

California Environmental Law & Policy Update - February 2018 #4

by Allen Matkins on

Focus - State agency drops objection to city rules on waterfront development - SFGate - Feb 21 Under a settlement announced Wednesday, the California State Lands Commission (SLC), which governs much of the state’s...more

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

Dock Access: Michigan Appellate Court Addresses Non-Riparian Lot Owner Issue

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

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

South Carolina Surface Water Withdrawal Act: State Supreme Court Addresses Constitutional Challenge

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

Allen Matkins

California Environmental Law & Policy Update - February 2018

by Allen Matkins on

Focus - EPA suspends Obama-era definition of “Waters of the United States” - The New York Times - Feb 2 The Trump administration on Wednesday formally suspended for two years a major Obama-era clean water regulation,...more

Downey Brand LLP

Lawsuit seeks to have California Waterways Identified as Hydrologically Impaired under the Clean Water Act

by Downey Brand LLP on

On November 1, 2017 the Earth Law Center, San Diego Coastkeeper and Los Angeles Waterkeeper (Petitioners) filed a Verified Petition for Writ of Mandate seeking to compel the State Water Resources Control State Board (Board)...more

Allen Matkins

California Environmental Law & Policy Update - December 2017 #3

by Allen Matkins on

Focus - Trump to open the door for oil drilling off U.S.’s East Coast - Bloomberg - Dec 11 The Trump administration is preparing to unveil an expansive offshore oil plan that would open the door to selling new drilling...more

Bennett Jones LLP

Aboriginal Water Rights, Mining—and the Law & Order Theme Song

by Bennett Jones LLP on

Normally reserved for major league baseball players as they enter the game to take the plate or the mound, lawyers are rarely introduced with walk-up songs. But at the Canadian Aboriginal Minerals Association’s 25th...more

K&L Gates LLP

Notify the ATO of Your Water Rights: Foreign Register of Water Entitlements is Now in Place

by K&L Gates LLP on

As of 1 July 2017, foreign persons must now register their interests in relevant water entitlements with the Australian Taxation Office (ATO). The Water Register has been combined with the existing register of foreign...more

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