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Water Rights

Hanson Bridgett

Ninth Circuit Reaffirms Traditional Balancing Under Fish & Game Code Section 5937

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In a recent opinion, the Ninth Circuit Court of Appeals resolved a longstanding disagreement about the balancing required under Section 5937 of the California Fish & Game Code (“Section 5937”)....more

Hogan Lovells

New Water Regime in Mexico: Enactment of the General Water Law and Substantial Amendments to the National Water Law

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On December 11, 2025, the Federal Official Gazette published the “Decree enacting the General Water Law and reforming, repealing, and amending various provisions of the National Water Law” (“Decree”)....more

Holland & Knight LLP

Mexico Approves New General Water Law and Amends National Water Law

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The Mexican Senate on Dec. 5, 2025, approved the General Water Law (Ley General de Aguas) and amendments to the National Water Law (Ley de Aguas Nacionales), marking a significant shift in the regulatory framework governing...more

Holland & Hart LLP

State, Federal Incentives Heat Up Geothermal Projects

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The geothermal energy sector is experiencing a renaissance, driven by dramatically accelerated permitting procedures for projects on federal land, as well as state-level incentives that position geothermal as a critical...more

White & Case LLP

Food Security In Africa: Tackling the water infrastructure crisis through legal and financial strategies

White & Case LLP on

Food security remains a critical issue in Africa. The ongoing water infrastructure crisis—marked by insufficient investment, water scarcity and the impacts of climate change—is the key factor undermining the continent's...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It (UPDATED)

Perkins Coie on

The Court of Appeal again confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during...more

Nossaman LLP

State Water Board Releases New Platform for Submitting Annul Water Use Reports – What You Need to Know and Upcoming Workshops

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On October 23, 2025, the California State Water Resources Control Board (State Water Board) announced a new online platform – the Water Accounting, Tracking, and Reporting System (CalWATRS). CalWATRS replaces the Electronic...more

Allen Matkins

SB 697 Modernizes the Surface Water Adjudication Process, Shifting the Investigation Burden to Water Users

Allen Matkins on

California Governor Gavin Newsom recently signed Senate Bill (SB) 697 into law to modernize the process by which the State Water Resources Control Board (State Board) investigates and conducts statutory adjudications of...more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 10.24.25

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The California Court of Appeal has ruled that preliminary work can begin on the Delta Conveyance Project, a controversial proposal to build a 14-mile underground tunnel to transport water from Northern California southward....more

White & Case LLP

New Water Legislation Creates Risks for Investments in Mexico

White & Case LLP on

On October 1, 2025, Mexican President Claudia Sheinbaum marked her administration's first anniversary by submitting a proposal to enact a new General Water Law (Ley General de Aguas) and to reform the existing National Water...more

Holland & Knight LLP

Proponen nueva Ley General de Aguas y reforma a la Ley de Aguas Nacionales en México

Holland & Knight LLP on

La Secretaría de Medio Ambiente y Recursos Naturales de México, el 2 de octubre de 2025, publicó en la página de la Comisión Nacional de Mejora Regulatoria (CONAMER) la iniciativa con proyecto de decreto por el que se expide...more

Hogan Lovells

CONAGUA: New digital one-stop shop

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Simplification of procedures: CONAGUA published an Agreement incorporating various procedures into the Digital One-Stop platform for water-related proceedings. ...more

Steptoe & Johnson PLLC

Is (Produced) Water… Water? The Texas Supreme Court’s Ruling on the Rights of Produced Water

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On June 27, the Supreme Court of Texas issued its long-awaited ruling in Cactus Water Services, LLC v. COG Operating, LLC addressing the ownership of produced water under an oil and gas conveyance. In Cactus Water, the Court...more

Oliva Gibbs

Murky waters: Wading through Texas law and the future of produced water

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Texas produces more than just oil and gas. Every day, millions of gallons of produced water are generated as a byproduct of oil and gas production. Once viewed strictly as a waste product, produced water is now at the center...more

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

South Platte River Compact/Bill of Complaint: Nebraska Files Action in U.S. Supreme Court Against Colorado

The State of Nebraska filed a Bill of Complaint (“Complaint”) and Motion for Leave to File Bill of Complaint (“Motion”) in the Supreme Court of the United States (“Supreme Court”) against the State of Colorado in regard to a...more

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more

Oliva Gibbs

Making a splash in the courts: The Cactus decision

Oliva Gibbs on

In a landmark decision, the Supreme Court of Texas held in Cactus Water Services, LLC v. COG Operating, LLC, that produced water belongs to the operator. When presented with a case where both the operator and a third party...more

Gray Reed

It’s Been Decided, In Texas the Mineral Lessee, Not the Surface Owner, Owns Produced Water

Gray Reed on

In Cactus Water v. COG Operating, the Supreme Court affirmed that mineral lessee COG, not water rights owner Cactus (who derived it rights from the surface owner), has the right to possession, custody, control, and...more

Brownstein Hyatt Farber Schreck

Staying Ahead of the Curve: Legislative Updates for Nevada CRE Clients

During the Nevada Legislature’s regular 2025 session, state lawmakers considered a total of 601 Assembly Bills (“AB”), 508 Senate Bills (“SB”), and 28 joint resolutions, with much of the action occurring during the last week...more

Schwabe, Williamson & Wyatt PC

2025 Oregon Water Law Legislative Recap

A wave of water-related legislation swept through the Oregon Legislature during the 2025 session. The most controversial water-related bills did not end up passing. In particular, there were three bills that would have...more

Bracewell LLP

Texas Supreme Court Affirms Mineral Estate Ownership of Produced Water in Landmark Ruling

Bracewell LLP on

In a significant decision for Texas property and energy law, the Texas Supreme Court has affirmed the Eighth Court of Appeals’ ruling in Cactus Water Services, LLC v. COG Operating, LLC, holding that produced water — a...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

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

Reasonable Use Requirements for Colorado River Lower Basin Water Deliveries: Natural Resources Defense Council Petition to the...

The Natural Resources Defense Council and Waterkeepers (collectively, “NRDC”) submitted on May 6th a document to the United States Department of Interior (“DOI”) styled: Petition to the Secretary of Interior to Enforce...more

Allen Matkins

California Environmental Law & Policy Update 5.9.25

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The House passed resolutions last week to rescind federal waivers that allow California to set stricter vehicle emissions standards than the rest of the country. California’s standards currently require the sale of most...more

(ACOEL) | American College of Environmental...

California Dreaming Is Becoming a Reality: Solar Canals May Mean Having More Water As Well As More Solar Energy

On March 25, 2025, the University of Southern California’s (USC’s) Public Exchange and independent advisor Solar Aquagrid announced the California Solar Canal Initiative, a seven-university project to assess the...more

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