EASTERN WATER NEWS

August 2006

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News from the West

In the West the issues currently surrounding its most coveted resource, water, are as diverse as its spectacular terrain. First, the California Court of Appeal for the First Appellate District recently clarified what constitutes a subterranean stream under California’s groundwater classification scheme for purposes of establishing the jurisdictional reach of the State Water Resources Control Board. Second, the Arizona Supreme Court sided with agricultural landowners in deciding who controls special irrigation districts. Finally, the Utah Supreme Court held that contract principles controlled the interpretation of a non-profit mutual water company’s articles of incorporation, and in so doing determined that the company’s private shareholders did not have any ownership interest in its assets.