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EASTERN WATER NEWS

June 2009
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  • News from the West

    This month in the West are three state Supreme Court cases affecting water. First, the Arizona Supreme Court determined that landowners can not reserve and sever the potential future use of groundwater from the overlying real property. Next, the California Supreme Court found that seepage or flooding from a hazardous waste storage facility may constitute a “sudden and accidental” discharge of hazardous waste. Finally, the Colorado Supreme Court held that the water used in coalbed methane production constituted a beneficial use and therefore outof-priority diversions for this use were not allowed without a well permit.


    The information contained on this page is presented for your convenience as news and analysis. It is not intended as legal advice, nor should it be relied upon as such. Please consult an attorney for advice in your case or matter
    Read related items on:
    Statutes - State) Colorado) Colorado Water Right Determination and Administrative Act
    Topics) Insurance) Pollution Exclusion
    Topics) Insurance) Sudden and Accidental Coverage
    Topics) Mining and Geology) Coalbed Methane Gas
    Topics) Water Quality) Discharges
    Topics) Water Rights) Beneficial Use Doctrine
    Topics) Water Rights) Deeds and Grants
    Topics) Water Rights) Groundwater
    Topics) Water Rights) Reserved Water Rights
    Arizona Supreme Court
    California Supreme Court
    Colorado Supreme Court
    Davis v. Agua Sierra Resources, LLC
    State of California v. Allstate Insurance Co.
    Vance v. Wolfe

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