EASTERN WATER NEWS

November 2009

To read this entire item of approximately 2000 words online now in PDF format: Click here to read this item if you are an existing subscriber to this publication. Click here to purchase the full text of this item to read now (price: $25). To subscribe to this publication and immediately access all its archives including this item, select the relevant publication under 'Catalogue' in the left-hand column PLEASE NOTE: to read PDFs on www.argento.com you must be using Version 5 of Acrobat Reader or Adobe Reader. If you have an earlier version you can download the latest free of charge by clicking here

News from the West

This month’s News from the West involves cases in certain state and federal courts in California, Texas, and New Mexico. First, a U.S. District Court in California determined a breach of contract claim between water districts and the federal government. Next, the Texas Supreme Court denied a request for review of an appellate decision involving the reservation of subsurface water rights in a conveyance by grant deed, leaving the appellate determination that water rights can be severed from real property in place. Finally, the State Court of Appeals of New Mexico reviewed an application to appropriate stream water where the waters had already been previously appropriated by downstream users.