EASTERN WATER NEWS

December 2008

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News from the West

This month’s coverage of news from the West discusses three cases, one from Montana, one from California, and one from Colorado. In the first, the Montana Supreme Court determined a property’s water rights remained with the land after it was sold by examining the historic use of water on the land. In the second case, a U.S. District Court in California allowed two water districts to intervene in a large water dispute in the advanced stages of litigation because their interests were threatened by the remedies phase of the trial. Finally, a Colorado District Court permitted a city to seek a declaratory judgment as to whether the city’s water treatment project infringed on patents for underground alluvial water storage methods.