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Water Rights

Allen Matkins

California Environmental Law & Policy Update 9.6.24

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The Centers for Disease Control and Prevention will lead an investigation into the Tijuana-U.S. cross-border sewage crisis, measuring the potential health impacts on people who live and work near where millions of gallons of...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

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A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings...more

Davis Wright Tremaine LLP

Water Rights Adjudication Begins for Washington's Whatcom and Northern Skagit Counties

Water rights holders in Whatcom County and northern Skagit County will be affected by a court adjudication case filed in May 2024 by the Washington State Department of Ecology ("Ecology"). Ecology filed this general water...more

Beveridge & Diamond PC

SCOTUS Freezes States’ Efforts to Resolve Water Conflict

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What Happened? On June 21, 2024, the Supreme Court narrowly held that three states could not enter a consent decree to settle their interstate water dispute without the support of the intervening federal government. The...more

Epstein Becker & Green

Late-Term Flood of Decisions Continues, Disagreement Among Justices Increasingly Pronounced - SCOTUS Today

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With the current term of the Supreme Court soon to end, the run of decisions in which the Justices have been unanimous or close to it is being displaced by the “tougher” ones, in which there is substantial disagreement....more

Dorsey & Whitney LLP

The Supreme Court Update - June 21, 2024

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The Supreme Court of the United States issued five decisions today: United States v. Rahimi, No. 22-915: This Second Amendment case addresses the constitutionality of 18 U.S.C. § 922(g)(8), which makes it a crime for an...more

Nossaman LLP

Water Agencies Beware Before Proceeding with Forced Municipalization

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Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to...more

Downey Brand LLP

Ninth Circuit Hands Major Victory to Senior Water Right Holders on the Sacramento River

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On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more

Allen Matkins

California Environmental Law & Policy Update 5.24.24

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Republican attorneys general from 20 U.S. states sued the Biden administration on Tuesday, seeking to block new reforms to the U.S. environmental review process for major projects such as transmission lines and wind and solar...more

Beveridge & Diamond PC

Ecology to begin Nooksack Water Adjudication in April 2024 (Updated)

Update: The Washington Department of Ecology (Ecology) officially kicked off the Nooksack adjudication, a legal process that will determine the priority of water rights in Whatcom County and portions of Skagit County....more

Troutman Pepper

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

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Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the...more

Bennett Jones LLP

Navigating Water Scarcity: Legal Implications and Impact on Alberta's Industries

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The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic...more

Beveridge & Diamond PC

Ecology to begin Nooksack Water Adjudication in April 2024

The Washington Department of Ecology (Ecology) announced it will begin an adjudication of water rights in Water Resources Inventory Area 1 (WRIA1), including the Nooksack River system, in April 2024. An adjudication is the...more

Beveridge & Diamond PC

2024 Litigation Look Ahead Series: SCOTUS’ Pass on Cases Sets Up Continued Fight Over Tribal Water Rights, State Mineral...

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B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our...more

Houston Harbaugh, P.C.

Who Owns the Produced Water From Oil & Gas Operations?

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Although historically viewed as a waste, produced water that comes to the surface as part of the oil and gas production stream now potentially has value. Produced water can be recycled and reused as part of hydraulic...more

K&L Gates LLP

Water Regulation in the Western States: California's 2023 Legislative Proposal Highlights

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An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated...more

Allen Matkins

California Environmental Law & Policy Update 12.08.23

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The power to enforce a rule intended to slash air pollution associated with warehouses could one day rest in the hands of citizens who are willing to go to federal court. Several Inland members of Congress recently signed a...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

Nossaman LLP

Governor Newsom Signs SB 389 Into Law

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On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill 389 (“SB 389”), which amended § 1051 of the Water Code to expand the investigatory authority of the State Water Resources Control Board (“Water Board”)....more

Allen Matkins

Updates on California Water Law: New Legislation and Regulations

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The California 2023 Legislative Session ended on September 14, 2023, and presented the Governor with several important changes to California’s water-related statutes. The Governor had until October 14, 2023, to sign all...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 9.22.23

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California legislators have passed a bill articulating the scope of the State Water Resources Control Board’s authority to investigate water rights. Senate Bill 389, which will go to Governor Gavin Newsom’s desk for a final...more

Holland & Hart LLP

Groundbreaking Lawsuit Challenges Utah's Management of Great Salt Lake

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A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging...more

Downey Brand LLP

Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use...

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On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more

Hogan Lovells

SEMARNAT publica Cuotas de Garantía de No Caducidad de Derechos de Agua

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La Secretaría de Medio Ambiente y Recursos Naturales (la “SEMARNAT”) publicó el Oficio que contempla los montos de las cuotas a pagar por aquellos concesionarios que pretendan evitar la extinción por caducidad de los...more

Schwabe, Williamson & Wyatt PC

New Drought Exemption Protects Oregon Water Rights from Forfeiture

July 17, 2023 Of Counsel On June 7, 2023, Governor Tina Kotek signed into law SB 718, which provides an additional layer of protection for Oregon water right holders in drought-stricken counties. The new law goes into effect...more

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