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Water Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

by Snell & Wilmer on

Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water...more

California Environmental Law and Policy Update - October 2017 #3

by Allen Matkins on

Focus - Santa Clara Valley Water District rejects twin Delta tunnels plan, endorsing smaller version instead - San Jose Mercury News - Oct 17 - In a landmark vote closely watched across California, the Santa Clara Valley...more

Legislation to Alter State Water Rights Enforcement Action Processes Fails

by Best Best & Krieger LLP on

California Gov. Jerry Brown vetoed AB 313, which would have shifted the hearing process for certain water rights enforcement actions to a new Water Rights Division within the Office of Administrative Hearings. However, his...more

Water Banks: Why You May Need One

Water banks are not new — they have been around a long time. Water banking is a practice used to effectively manage water supplies throughout Western states. Water banking has long been used to solve water issues ranging from...more

California Environmental Law & Policy Update - September 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Water district vote deals major blow to California's delta tunnel project - Los Angeles Times - Sep 19 - By a 7-1 vote, the Westlands Water District board on Tuesday decided not...more

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

Podcast Episode 7 - Water and Condemnation with Professor Vanessa Casado Perez

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 7, two of Locke Lord’s Dallas Partners, Clint Schumacher and Jeff Mead, talk with Professor Vanessa Casado Perez on Water and Condemnation....more

Island Means Island: Pierce Atwood Successfully Defends Against Tribal Claim to Control State Waters

by Pierce Atwood LLP on

In 1980, the State of Maine, Congress, and Maine tribes entered into Settlement Acts to resolve claims that the tribes owned two-thirds of the State. In return for, among other things, federal recognition and money, the...more

EPA and the Corps Schedule Ten “Public Meetings” to Solicit Comments on WOTUS Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pursuant to President Trump’s Executive Order (EO) on “Restoring the Rule of Law… by Reviewing the “Waters of the United States” Rule, the Agencies have scheduled ten teleconferences to collect stakeholder...more

DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit

by Downey Brand LLP on

On July 21, 2017, the California Department of Water Resources (“DWR”) certified the final environmental document and issued its Notice of Determination for the California WaterFix, a significant new water infrastructure...more

WaterFix EIR Certification and NOD Client Alert

by Downey Brand LLP on

On Friday, July 21, 2017, the California Department of Water Resources (“DWR”) certified the Environmental Impact Report for the California WaterFix tunnels project and filed a Notice of Determination with the Governor’s...more

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