 | | 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
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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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