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Your path: Home) Archive Page) Subjects) Topics) Water Rights
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1888 Act Idaho Federally Reserved Water Rights |
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Abandonment |
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Acequias |
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Administration |
July 2009: Colorado Supreme Court Reiterates the Importance of Compliance with State Rules of Civil Procedure In Water Rights Cases Cornelius v. River Ridge Landowners Ass’n. 08SA83, 202 P.3d 564 (Colo. 2009) |
June 2009: Washington State Enacts New Legislation to Modernize Its Water Rights Adjudication Process |
June 2009: State Board Considers Petition Filed by DWR to Consolidate Places of Use for the State Water Project and Federal CVP | |
June 2009: Colorado Supreme Court Rules that Coalbed Methane Wells Must Have Water Well Permits Vance v. Wolfe 07SA293 (Colo. April 20, 2009) | |
May 2009: Nevada State Engineer Rules on Application to Use Water at Proposed Molybdenum Mine in Northeastern Nevada | |
May 2009: Colorado Supreme Court Confirms State and Division Engineers’ Authority to Administer Storage Water Rights Based on a Fixed Water Year North Sterling Irrigation District v. Simpson 08SA29 (Colo. March 2, 2009) |
May 2009: Central Florida Water Wars: Florida Water Agency Approves Surface Water Withdrawal | |
March 2009: Washington Legislature Considers Report on Downstream Water Right Transfers | |
March 2009: 75th Session of the Nevada Legislature Commenced—Several Water-Related Bills on the Table | |
January 2009: State Water Resources Control Board Partially Grants Water Right Permit to Orange County Water District for Santa Ana River Water | |
January 2009: Controversy Erupts over Groundwater Permit Exemption for Stockwatering with Washington Department of Ecology’s Notice of Exemption’s Limitations | |
January 2009: Virginia Court of Appeals finds Standing For Chesapeake Bay Foundation to Challenge Wetlands Permit Extension for King William Reservoir Chesapeake Bay Foundation v. Commonwealth of Virginia 2545-07-02 (VA.App. Nov. 4, 2008) | |
December 2008: State Water Resources Control Board Proposes Revoking Auburn Dam Water Rights | |
December 2008: New Mexico Court of Appeals Finds Appeal Provisions in Statute Governing Decisions by Commissioners of Acequias Constitutional Pena Blanca Partnership v. San Jose de Hernandez Community Ditch, et al. and Richard Cook v. La Acequia Del Gavilan, et al., (consolidated) 28005 (N.M.App. Oct. 20, 2008) | |
December 2008: Nevada State Engineer Curtails Pumping Near Devil’s Hole National Monument | |
December 2008: Texas Supreme Court Judges ‘Historic Use of Groundwater’ in Terms of Both Quantity and Purpose Guitar Holding Co. v. Hudspeth Cty Underground Water Conservation District No 1, 263 S.W.3d 910 (Tex. 2008) | |
November 2008: Colorado Supreme Court Committee Proposes Substantial Changes to Water Court Rules | |
November 2008: Nevada State Engineer’s Ruling on Interbasin Transfer Applications in Cave, Dry Lake, and Delamar Valleys Challenged Seeking Judicial Review | |
October 2008: New Mexico’s Sixth District Court Declares Section 72-12-1.1, Addressing Mandatory Authorization of Domestic Well Permits, Unconstitutional | |
July 2008: State Court Declares Unconstitutional Portions of Washington’s 2003 Municipal Water Law Lummi Indian Nation, et al. v. State of Washington, et al., and Joan Burlingame, et al. v. State of Washington, et al. 06-2-40103-4 and 06-2-28667-7 (King County Superior Court June 11, 2008) | |
July 2008: News from the West | |
June 2008: Utah Supreme Court Holds Statutory Requirement of Applicant Verification under Oath Is Not Satisfied by Attorney’s Signature Penta Creeks LLC, v. Olds 2008 UT 25 (Ut. 2008) | |
June 2008: Oregon Supreme Court to Decide if Landowner Is Entitled to Pursue Water Rights Transfer without Irrigation District Consent Fort Vannoy Irrigation District v. Oregon Water Resources Commission 214 Or. App. 88, 162 P.3d 1066 (2007) (A130508) (S55356) (S55361), review granted, Oregon Supreme Court (2008) | |
June 2008: State Water Resources Control Board Proposes to Revoke Water Right Permits for Auburn Dam | |
June 2008: Colorado Supreme Court Upholds Aquifer Sustainability Rules Promulgated by State Engineer—Rules Did Not Impermissibly Restrict Right to Appropriate Water Simpson v. Cotton Creek Circles 07SA42 (Colo. 2008) | |
April 2008: Peace in Our Time on the Colorado River, at Least for the Duration—Secretary of the Interior Approves Far-Reaching Guidelines for the Colorado River | |
April 2008: aaa aaa aaa | |
April 2008: aaa aaaa aaa | |
April 2008: aaa aaaa aaa | |
April 2008: aaa aaaa aaa | |
March 2008: U.S. Bureau of Reclamation Finalizes Guidelines for Colorado River Shortages and Reservoir Coordination | |
March 2008: Colorado ‘Super Ditch Company’—A Lower Arkansas Valley Effort to Preserve Agricultural Water Rights | |
January 2008: Bring Us Law to Match Our Rivers | |
January 2008: State Water Board Issues New Water Right Fees Payment Notices to Farmers | |
January 2008: State Water Board Adopts Resolutions Regarding Delta Protection | |
January 2008: New Mexico Supreme Court Affirms Home-Rule Municipality’s Authority to Regulate Domestic Wells within City Limits Smith v. City of Santa Fe 2007-NMSC-055 (N.M. 2007) | |
December 2007: Coastkeeper Suit Claims Department of Fish and Game Lags in Recommending Protective Instream Flows California Coastkeeper Alliance v. McCamman 07CS01353, filed, Oct. 9, 2007, Sacramento County Superior Court | |
November 2007: New Mexico District Court Orders De Novo Appeal in Northern New Mexico Acequia Lawsuits Challenging Acequias’ Authority to Deny Water Transfers Peña Blanca Partnership v. San Jose de Hernandez Community Ditch and Cook v. La Acequia del Gavilan (N.M. 1st Dist. Oct. 10, 2007) | |
November 2007: Nevada State Engineer Rejects Inter-Basin Transfer Request to Pump Water in Granite Springs Basin for Use in Fernley, Sparks, and Reno Areas | |
November 2007: Central Florida’s Water Wars Beginning to ‘Surface’: Inter-Basin Transfer as an Option Begins Political and Legal Debates | |
November 2007: Colorado High Court Finds Colorado’s ‘Injury’ to Water Rights Analysis Needn’t Be Exact—Can Rest on Undisputed Reasonable Predictions and Assumptions Upper Eagle Regional Water Authority v. Simpson 06SA303 (Colo. Sept. 10, 2007) | |
November 2007: Yakima County Superior Court Affirms Relinquishment of Water Rights Sought by City City of Union Gap and Ahtanum Ridge Business Park, LLC, v. Washington Department of Ecology 06-2-00271-6 (Yakima County Superior Court, Oct. 9, 2007) | |
October 2007: Third District Court Prohibits State Water Resources Control Board Counsel from Acting as Both Prosecutor and Advisor Morongo Band of Mission Indians v. State Water Resources Control Board, 153 Cal.App.4th 202 (3rd Dist. 2007) | |
October 2007: Colorado Supreme Court to Address Groundwater Rules and the Legislatively-Imposed Standard of Sustainability | |
October 2007: Municipal and Public Water Supply Agency Deference in Perfecting Water Rights—Utah Legislature Mulls Its Options | |
August 2007: Water Supply and Conservation Initiative Proposed by Oregon Water Resources Department | |
August 2007: Nevada Legislature Adjourns after Passing Several Significant Water- Related Bills | |
August 2007: Colorado Water Court Rules Produced Water from Coalbed Methane Extraction Subject to Prior Appropriation Doctrine and State Administration Vance v. Simpson 05CW063, (Colorado District Court, Water Division 7, July 2, 2007) | |
August 2007: Washington State Pollution Control Hearings Board Rejects Vegetation Removal as Mitigation for Groundwater Rights CPM Development Corp. dba ICON Materials v. Ecology PCHB No. 03-071 (Order on Summary Judgment, March 12, 2007) | |
August 2007: New Rules Regarding Groundwater Replenishment Set to Go into Effect for Pinal Active Management Area in Arizona | |
July 2007: Recent Events Spark Optimism for Water Agencies with Interests in the Mokelumne River | |
July 2007: Colorado State Engineer Adopts New Written Instructions and Orders for Division Engineers Regarding Water Rights and Storage and Power Generation | |
July 2007: New Mexico’s District Court Limits and Conditions State Engineer’s Use of Active Resource Management Regulations Tri-State Generation, et al. v. John D’Antonio, Jr., New Mexico State Engineer D-0725-CV-05-03, (N.M. 7th Dist. May 16, 2007) | |
July 2007: Washington Department of Ecology’s Draft ‘Enlargement’ Policy Prompts Scrutiny of State’s Approach to Water Right Changes | |
June 2007: Idaho State District Court Issues Temporary Restraining Order that Forestalls Historic Curtailment Order Affecting Agriculture and Municipalities Idaho Ground Water Appropriators, Inc., et al. v. Idaho Department of Water Resources, et al. CV-2007-0000526, order issued May 8, 2007, Fifth Judicial District | |
June 2007: ‘Colorado Water for the 21st Century Act’ Receiving Mixed Reviews | |
May 2007: News from the West | |
May 2007: Proposed Oregon Legislation Would Require Water Rights for New Domestic Wells | |
May 2007: Nevada Legislative Update: Several Water-Related Bills Do Not Make It Out of Committee | |
May 2007: New Mexico’s 2007 Legislative Session Focuses on Water Conservation and Subdivision Protection | |
April 2007: Allegretti v. County of Imperial: Return to Reason | |
April 2007: Legislative Wrap Up—Utah Legislative Session Addressed Many Water Issues | |
April 2007: Colorado Legislature Seeks to Fill Gaps in Water Law and Administration | |
March 2007: Third District Court Rules that State Board Regulatory Fees for Water Rights Permits Are Unconstitutional California Farm Bureau Federation v. California State Water Resources Control Board 146 Cal.App.4th 1126 (3rd Dist. 2007) | |
March 2007: Colorado Supreme Court Finds Stipulated Decree Provision Restricts Certain Water Exports from the Upper Black Squirrel Designated Ground Water Basin Cherokee Metropolitan District v. Simpson 148 P.3d 142 (Colo. Nov. 27, 2006) | |
March 2007: Nevada State Engineer Rejects Bulk of Request to Appropriate Water for Large-Scale Development Near Las Vegas | |
February 2007: 74th Nevada Legislative Session Commenced—All Eyes on Water Resources | |
February 2007: Legal Classifications for Colorado Surface Water Rights Hinge on Showing of Hydrologic Connection with Ground Water Gallegos v. Colorado Ground Water Commission 05SA253 (Colo. Nov. 6, 2006) | |
February 2007: Public Comment Period Ends as U.S. Army Corps of Engineers Floats Its New Lake Lanier Plan | |
February 2007: North Carolina Environmental Management Commission Approves Inter- Basin Water Transfer From Catawba River to Municipalities for Urban Uses | |
January 2006: Texas Legislature Warms Up for Another Swing at Major Water Legislation | |
January 2006: New Mexico Court of Appeals Affirms District Court Recognition of Municipal Authority to Prohibit Drilling of Domestic Wells Permitted by State Engineer Stennis v. City of Santa Fe 143 P.3d 756, 2006 NMCA 125 (N.M.App., Revised Op. Oct. 11, 2006) | |
January 2006: Nevada Supreme Court Adopts Colorado Style Anti-Speculation Doctrine. Bacher v. Office of the Nevada State Engineer, 122 Nev ___ Nev. Adv. Op. 95 (Nev. Nov. 22, 2006) | |
January 2006: Developments in the Law of Groundwater in Montana | |
November 2006: The Friant Settlement: Compromise to Restore the San Joaquin River | |
November 2006: Third District Court Narrows the Ability of State Water Resources Control Board to Impose Term 91 El Dorado Irrigation District v. State Water Resources Control Board 142 Cal.App.4th 937 (3rd Dist. 2006) | |
November 2006: Nevada State Engineer Issues Ruling on Southern Nevada Water Authority’s Change Applications | |
November 2006: Washington State Attorney General Supports Ecology’s Discretion to Review Water Conservancy Board Decisions | |
October 2006: Alice in Groundwater Land: Court Defines State Board ‘Subterranean Stream’ Jurisdiction | |
October 2006: Colorado Legislature Paves the Way for Adjudication of Rotational Crop Management Contracts to Facilitate Agricultural-to-Municipal Water Transfers while Continuing Historical Irrigation | |
October 2006: OWRD Presents Evidence of Ground Water/ Surface Water Interaction in Klamath River Basin, Raising Questions Regarding Future Ground Water Allocation | |
August 2006: State Water Resources Control Board Designates Local Agencies to Administer Groundwater Recordation Program | |
August 2006: First District Court Upholds State Board’s Test for Determining Its Jurisdiction over Groundwater North Gualala Water Co. v. State Water Resources Control Board 139 Cal.App.4th 1577 (1st Dist. 2006) | |
August 2006: Oregon Water Resources Department Issues Proposed Rule Amendments, Which Recognize Changes to Certificates of Registration and Modify Transfer Rules | |
August 2006: Texas Supreme Court Resolves Uncertainty in Procedure for Approval of Water Permit Amendments City of Marshall v. City of Uncertain, ___ S.W.3d ___ 03-1111 (Tex. June 9, 2006) | |
June 2006: Oregon Water Resources Commission Considers Request for Reservation of Water for Future Municipal Use | |
June 2006: Colorado Legislature Approves Interbasin Compact Committee Charter Paving the Way for Unprecedented Intrastate Water Compact Negotiations between River Basins | |
May 2006: The Robie Decision and the Future of California Water Law | |
May 2006: The Evolution of Interstate Water Disputes into Regional Cooperative Management Regimes: Launching A New Model Compact for Interstate Water Issues | |
May 2006: Michigan Enacts New Comprehensive Water Protection Statute; Permits Now Required for Large Water Withdrawals | |
April 2006: District Court Addresses Federal Ownership and Control of Reclamation Project Water Strawberry Water Users Association v. United States and Central Utah Water Conservancy District, ___ F.Supp.2d___ 2:01-CV-0295BSJ (D. Ut. March 3, 2006) | |
April 2006: Nevada State Engineer Issues Forfeiture Ruling | |
April 2006: Nevada State Engineer Issues Intermediate Order and Hearing Notice Regarding Las Vegas Valley Water District’s 1989 Applications to Appropriate Groundwater | |
March 2006: Forging Solutions on the Colorado River | |
March 2006: State Water Resources Control Board Administrative Procedures Fail to Safeguard Constitutional Due Process Requirements Morongo Band of Mission Indians v. State Water Resources Control Board 04cs00535 (Sacramento Co. Super. Ct. Jan. 18, 2006, writ issued Feb. 1, 2006) | |
February 2006: Great Lakes Governors Sign Regional Water Compact to Address Water Diversions and Consumptive Uses on the World’s Greatest Freshwater Resource | |
January 2006: Texas Court Rules State Water Agency Has Exclusive Jurisdiction over Provision of Water by Retail Public Utility Hyde v. Ray 2-03-123-CV (2nd Tex. App.— Ft. Worth Dec. 8, 2005) | |
June 2005: Idaho Department of Water Resources Director Issues Curtailment Order Regarding Consumptive Groundwater Rights | |
June 2005: New Mexico Court of Appeals Reaffirms Applications to Change Surface Water Rights to Groundwater Rights Are Not Considered New Appropriations Lynn Montgomery et al. vs. New Mexico State Engineer, ___P.3d___ 24,297 (N.M. Ct. App. April, 12, 2005) | |
June 2005: Colorado Supreme Court Upholds Water Court’s Determination to Revise Water Use Decree to Allow Greater Nontributary Groundwater Withdrawals East Cherry Creek Valley Water and Sanitation District v. Rangeview Metropolitan District, ___P.3d___ 04SA06 (Colo. March 28, 2005) | |
June 2005: Nevada Supreme Court Issues Ruling Regarding Notice of Cancellation of Water Right Permits Nevada Dep’t of Conservation and Natural Resources, Division of Water Resources v. Foley et al, 121 Nev. Adv. Opn. 8 (Nev. April 14, 2005) | |
February 2005: Mendocino County Superior Court Upholds SWRCB Groundwater Calssification. North Gualala Water Company v. California State Water Resources Control Board, Case No. SCUKCVG 01861, Minute Order filed Nov. 8, 2004 (Mendocino County Superior Court). | |
February 2005: The California Legislature Should Establish Water Courts | |
January 2005: Washington Legislature Likely to Address Proposal for Water Courts | |
December 2004: Guiding Your Project through the Regulatory Rapids: Working with Resource Agencies | |
October 2004: Washington State Pollution Control Hearings Board Issues Rulings—Department of Ecology Establishes Policy for Determining Water Rights in Washington | |
August 2004: Curtailing Water Use in Washington—Is it time for a Domestic Use Preference? | |
April 2004: Statewide Water Right Adjudication—Is it time for Washington to Follow Suit? | |
January 2004: Colorado State Engineer Implements Fee Program for Funding Water Rights Administration | |
November 2003: Colorado Supreme Court Holds that the Anti-Speculation Doctrine Applies to the Allocation and Administration of Designated Ground Water Located within the Denver Basin Aquifers Colorado Ground Water Commission v. North Kiowa- Bijou Ground Water Management District Case No. 02SA216. Slip Op. (Colo. Sept. 8, 2003). | |
November 2003: New Oregon Law Authorizes Expedited Permit Review—For a Price |
November 2003: California Legislature Passes SB 1049, Making the State Water Resources Control Board, Division of Water Rights, a User-Pays System | |
June 2003: New Mexico Legislation Requires Compliance with Acequia or Community Ditch Requirement for Changes in Points of Diversion or Place or Purpose of Use of Water Rights | |
December 2002: New Mexico Considers a Water Court System Case No. 01CW05 (Colo. Water Court, Divi. 4 Spet. 20, 2002) | |
March 2001: SWRCB Issues Draft Stay Order for Phase 8 of the Bay-Delta Water Rights Hearings in Order to Facilitate Potential Settlement Agreement |
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Adverse Possession |
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Adverse Use |
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Agency Revocation |
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Antispeculation Doctrine |
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Apportionment |
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Appropriative Rights |
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June 2009: Texas Supreme Court Denies Review in Environmental Flow Appropriation Case Texas Commission on Environmental Quality v. San Marcos River Foundation 267 S.W.3d 356 (Tex.App. 2008); rev. denied (Tex. 2009) | |
May 2008: Tenth Circuit Court of Appeals to Consider Legality of Oklahoma Laws Preventing Appropriation or Sale of Water to Out-of-State Parties |
April 2008: Fifth District Finds Appropriative Water Right Should Be Apportioned, upon Partial Sale of Property, According to Percentage of Land Acquired Nicoll v. Rudnick 160 Cal.App.4th 550 (5th Dist.2008) | |
April 2008: aaa aaaa aaa | |
March 2008: Nevada State Engineer Holds Hearing on Southern Nevada Water Authority’s Inter-Basin Transfer Applications | |
January 2008: Bring Us Law to Match Our Rivers | |
December 2007: Coastkeeper Suit Claims Department of Fish and Game Lags in Recommending Protective Instream Flows California Coastkeeper Alliance v. McCamman 07CS01353, filed, Oct. 9, 2007, Sacramento County Superior Court | |
November 2007: Nevada State Engineer Rejects Inter-Basin Transfer Request to Pump Water in Granite Springs Basin for Use in Fernley, Sparks, and Reno Areas | |
October 2007: Oklahoma Asks Federal Court to Dismiss Suit Challenging State Moratorium on Water Exportation Tarrant Regional Water District v. Rudolf Herrmann, et al., (Oklahoma Water Resources Board 5:07-cv-00045-HE (W.D. Ok) | |
May 2007: Idaho Supreme Court Suggests that First in Time Is Not Necessarily First in Right | |
February 2007: Fifth District Court Holds Water User May Forfeit Multiple Pre-1914 Rights by Bypassing the Same Physical Quantity of Water North Kern Water Dist. v. Kern Delta Water Dist., ___Cal.App.4th___ F047706 (5th Dist. Jan. 2, 2007) | |
January 2006: Nevada Supreme Court Adopts Colorado Style Anti-Speculation Doctrine. Bacher v. Office of the Nevada State Engineer, 122 Nev ___ Nev. Adv. Op. 95 (Nev. Nov. 22, 2006) | |
December 2006: Idaho Supreme Court Hearing Nears in Ongoing Battle between Surface and Ground Water Users American Falls Reservoir District No. 2, A &B Irrigation District, et al. v. Idaho Department of Water Resources, et al. 33249/33311/33399, oral argument, December 8, 2006 (Idaho Supreme Court) | |
November 2006: Third District Court Narrows the Ability of State Water Resources Control Board to Impose Term 91 El Dorado Irrigation District v. State Water Resources Control Board 142 Cal.App.4th 937 (3rd Dist. 2006) | |
November 2006: Utah Supreme Court Upholds Determination of Interference with Neighbor’s Water Right by Impeding the Flow of Water Wayment v. Howard 2006 UT 56, (UT Sept. 29, 2006) | |
May 2006: News from the West Barnes v. Hussa, 136 Cal.App.4th 1358 (Cal.App. 2006); Arizona v. California, 547 U.S.___ 8, orig. (March 27, 2006) | |
April 2006: In the Absence of Injury to Other First Priority Water Rights Holders, a Party May Put Her Entire Allotment to Any Benefiicial Use Barnes v. Hussa, ___Cal.App.4th___ C049163 (3rd Dist. Feb. 24, 2006) | |
April 2006: The City of Central Decision and the Future Administration of Colorado Water Rights | |
April 2006: Klamath Administrative Law Judge finds United States to be Legal Holder of Project Water Rights Interim Order in Lead 003 of the Klamath Basin General Stream Adjudication (January 12, 2006) | |
April 2006: Nevada State Engineer Issues Intermediate Order and Hearing Notice Regarding Las Vegas Valley Water District’s 1989 Applications to Appropriate Groundwater | |
November 2005: Utah Supreme Court Addresses Federal/State Jurisdictional Issues, Offers Clarification on Who May File Change Applications, and Offers Views on the Right to Recapture Return Flows from Imported Water Strawberry Water Users Association v. U.S. Bureau of Reclamation, ___P.3d___ 2005 UT 64 (Utah Sept. 27, 2005) | |
October 2004: Utah Supreme Court Reaffirms Evolving Concept of Beneficial Use Butler, Crockett and Walsh Development Corporation, et. al, v. Pinecrest Pipeline Operating Company 2004 UT 67 (Utah Aug. 17, 2004) | |
August 2004: Lake Arrowhead Interests Seek Modification of SWRCB Draft Report of Investigation | |
May 2004: Inroads on Western Prior Appropriation Water Law: New Mexico Eliminates Pueblo Water Rights Doctrine | |
May 2004: Groundwater versus Surface Water: Idaho Develops a Temporary Legislative Solution | |
April 2004: Statewide Water Right Adjudication—Is it time for Washington to Follow Suit? | |
March 2004: El Dorado County Water Agency and El Dorado Irrigation District Reach Settlement with the League to Save Sierra Lakes and others over the Operation of Lakes. | |
August 2003: Colorado Supreme Court Expands on What Qualifies as “Overt Acts” Furthering Appropriations of Conditional Water Rights Vought v. Stucker Mesa Domestic Pipeline Co Case No. 02SA293, Slip Opinion (Colo. June 16, 2003). | |
July 2003: State Water Resources Control Board Issues Draft Order Denying Petition to Revise the Declaration of Fully Appropriated Streams for the Lower American River | |
June 2003: Texas River Advocacy Group Fails in Novel Application for Instream Water Rights | |
March 2003: State Water Resources Control Board Denies Petition for Change in Place and Purpose of Use of Claimed Pre-1914 Water Right to Instream Use | |
February 2003: Proposed Idaho Legislation Looks at Water Rights and the "Local Public Interest" | |
February 2003: New Mexico Court of Appeals Addresses Contract Water Issues: Laches Precludes Use of Technical Non-Compliance With Water Law to Void Decades Old Municipal Water Contracts Village of Wagon Mound v. The Mora Trust v. Earl Berlier and Glenda Berlier and Wagon Mound Ranch L.L.C., Case Nos. 21,827, 21,917. (N.M. App.) | |
February 2003: Nevada State Engineer Issues Ruling Concerning Applications to Appropriate Groundwater from Tule Desert Hydrographic Basin | |
January 2003: Application to Appropriate Denied in Judicial Review Action as Violating the Anti-Speculation Requirement under Utah Law Bushnell v. Jerry W. Olds, et al. Civil No. 000404289, (4th Dist. Ct., Utah Co., Utah). | |
October 2002: Court of Appeal Finds That Fish and Game Code Section 1603 May Diversions Tied to Pre-1914 Appropriative Water Rights People v. Murrison ___Cal.App.4th___,(3rd Dist.Aug.20 2002). |
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Area of Origin Rights |
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Arkansas River |
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Attorney's Fees and Costs |
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Augmentation Plans |
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Bankruptcy |
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April 2006: aaa aaa aaa |
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Basin Adjudications |
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Bay-Delta |
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Beneficial Use Doctrine |
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June 2009: News from the West | |
March 2006: Nevada: Groundwater Management, Conjunctive Use and Water Banking | |
February 2006: Ninth Circuit Rules that Private Landowners Have No Action for Interference with Groundwater Rights where a Neighbor Is Pumping Groundwater to Benefit the Land from which the Water Was Withdrawn Brady v. Abbott Laboratories, ___F.3d___ 04-15257 (9th Cir. Dec. 29, 2005) | |
June 2005: Nevada Supreme Court Issues Ruling Regarding Notice of Cancellation of Water Right Permits Nevada Dep’t of Conservation and Natural Resources, Division of Water Resources v. Foley et al, 121 Nev. Adv. Opn. 8 (Nev. April 14, 2005) | |
October 2004: Utah Supreme Court Reaffirms Evolving Concept of Beneficial Use Butler, Crockett and Walsh Development Corporation, et. al, v. Pinecrest Pipeline Operating Company 2004 UT 67 (Utah Aug. 17, 2004) | |
May 2004: Inroads on Western Prior Appropriation Water Law: New Mexico Eliminates Pueblo Water Rights Doctrine | |
January 2004: Utah Supreme Court Finds that Contract Reaffirms Overriding Principle of Beneficial Use of Water in Contract Dispute between Water Users Green River Canal Company v. Thayn Case No. 20010357, 2003 UT 50, (Ut. Nov. 7, 2003). |
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Bills and Proposed Legislation |
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July 2009: 2009 Oregon Legislative Session Considers Bills to Raise Revenue from Water Fees and Protect High Water Flows | |
June 2009: Washington State Enacts New Legislation to Modernize Its Water Rights Adjudication Process | |
May 2009: New Mexico Law Limits Municipal Power of Condemnation over Water Rights Owned or Served by Community Ditches, Acequias or Conservancy and Irrigation Districts | |
March 2009: Washington Legislature Considers Report on Downstream Water Right Transfers | |
March 2009: Utah Legislature to Consider Many Water Related Bills | |
March 2009: 75th Session of the Nevada Legislature Commenced—Several Water-Related Bills on the Table | |
January 2009: State Legislative Analyst’s Office Recommends Sweeping Changes to California Water Law | |
January 2009: Utah’s Legislature Preparing for 2009 General Sessions—Prefiled Water Bills to Watch | |
May 2008: Utah Legislature Considered 29 Water Rights Bills—HB 51 Passes into Law | |
October 2007: Municipal and Public Water Supply Agency Deference in Perfecting Water Rights—Utah Legislature Mulls Its Options | |
August 2007: Water Supply and Conservation Initiative Proposed by Oregon Water Resources Department | |
August 2007: Nevada Legislature Adjourns after Passing Several Significant Water- Related Bills | |
July 2007: 80th Texas Legislature Adjourns: Water Legislation 2007—Part I | |
May 2007: Proposed Oregon Legislation Would Require Water Rights for New Domestic Wells | |
May 2007: Nevada Legislative Update: Several Water-Related Bills Do Not Make It Out of Committee | |
May 2007: New Mexico’s 2007 Legislative Session Focuses on Water Conservation and Subdivision Protection | |
April 2007: Legislative Wrap Up—Utah Legislative Session Addressed Many Water Issues | |
April 2007: Arizona Legislature Paves Way for New Cooperation in Lower Basin States for Colorado River Management in Low Reservoir Conditions | |
April 2007: Colorado Legislature Seeks to Fill Gaps in Water Law and Administration | |
February 2007: 74th Nevada Legislative Session Commenced—All Eyes on Water Resources | |
October 2006: Colorado Legislature Paves the Way for Adjudication of Rotational Crop Management Contracts to Facilitate Agricultural-to-Municipal Water Transfers while Continuing Historical Irrigation | |
August 2006: Washington Department of Ecology Issues Policy Statement Clarifying Department’s Position on 2003 Municipal Water Right Legislation | |
May 2006: Michigan Enacts New Comprehensive Water Protection Statute; Permits Now Required for Large Water Withdrawals | |
April 2006: New England States Move toward Major Changes in Water Allocation Law and Regulation | |
March 2006: Michigan Legislature Receives Major Report on Groundwater Resources and Recommendations for New Groundwater Policies | |
January 2006: Once More with Feeling: With Little to Show in 2005, Water Bills to Watch in 2006 | |
December 2005: Utah Legislative Task Force to Recommend Passage of a Groundwater Management Act | |
October 2005: Oregon Legislature Passes House Bill 3038 in Response to Oregon Court of Appeals Decision that Restricted Water Rights Not Used within Five Years | |
August 2005: Oregon Legislature Takes Action on Deschutes Basin Mitigation Rules | |
July 2005: Nevada Legislature Approves New Water-Related Bills | |
June 2005: Oregon Legislature Considers Water Law Reform | |
May 2005: 2005 Idaho Legislature Ends Session with Several Water Bills Passed | |
April 2005: California Senate Bill, SB 31, Would Limit Water User Fees | |
February 2005: Washington State’s Proposed New Water Management Program—the Columbia River Initiative. | |
February 2005: Idaho Legislature Faces Difficult and Busy Session. | |
January 2005: National Conservation Groups File Petition for Water Rights System Reform | |
January 2005: 2005 Oregon Legislative Forecast | |
January 2005: Washington Legislature Likely to Address Proposal for Water Courts | |
December 2004: Legislative Task Force Tackles Revisions to Utah Water Law | |
November 2004: Idaho Legislature Tackles Geographic-Specific Water Issues | |
November 2004: Arizona Water Settlements Act a Few Steps Closer to Reality | |
July 2004: Legislation Enacted to Repeal Colorado’s Water Right Administration Fee Program. | |
May 2004: Groundwater versus Surface Water: Idaho Develops a Temporary Legislative Solution | |
April 2004: New Water Legislation Aimed At Responsible Growth in New Mexico | |
April 2004: California Farm Bureau Federation, Others, Challenge State Water Resources Control Board’s Water Rights Fees In Re the Petition of the California Farm Bureau Federation, et al., Re State Water Resources Control Board Resolution 2003-0077. | |
January 2004: California Set to Adopt Emergency Regulations Establishing Increased Fees for Petitions and Setting Annual Water Rights Fees | |
January 2004: Colorado State Engineer Implements Fee Program for Funding Water Rights Administration | |
November 2003: New Oregon Law Authorizes Expedited Permit Review—For a Price | |
July 2003: Oregon Legislature Considers "Who Owns the Water Right?" | |
July 2003: Washington Legislature Passes Major Water Legislature in Eleventh Hour | |
June 2003: New Mexico Legislation Requires Compliance with Acequia or Community Ditch Requirement for Changes in Points of Diversion or Place or Purpose of Use of Water Rights | |
June 2003: Arizona Legislature Agrees to Forego Colorado River Surplus Entitlement in Exchange for Shortage Indemnity by Metropolitan Water District | |
May 2003: Idaho Legislature Addresses Environmental Impacts of Agricultural Operations: Changes Definition of "Local Public Interest" | |
May 2003: Regional Initiatives Developed to Address Water Resource Issues in Washington State | |
April 2003: Oregon Legislative Update: Proposals that Could Impact Water Rights Transfers | |
April 2003: Utah Legislative Wrap-Up: All's Quiet on the Water Front | |
February 2003: Washington State Legislature Convenes; Continues Efforts at Water Law Reform | |
January 2003: Colorado Supreme Court Finds Conditional Water Right Owners Should Not Lose Rights without Proper Notice of the Impending Cancellation In Re Water Rights of Double RL Co., 54 P.3d 908 (Colo. 2002). | |
December 2002: State Water Resources Control Board Approves Water Project Priority List and Contract to Implement Water Projects under Proposition 13 | |
December 2002: Bill Introduced to Settle Arizona's Gila River Indian Community Water Rights Claims | |
November 2002: California Legislature and Ballot Initiatives Focus on Water Issues | |
November 2002: Governor Davis Signs Bill to Create California Bay-Delta Authority | |
June 2002: State Legislature Considers SB 2078, which Would Promote Interests of White-water Rafters |
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Bottled Drinking Water |
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Bypass Flow Requirements |
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Can and Will Doctrine |
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Carson River |
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Change Applications |
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February 2009: Nevada State Engineer Issues Ruling on Change Applications for Groundwater Destined for Development of North Las Vegas | |
August 2008: Nevada State Engineer Issues Ruling 5875 on Southern Nevada Water Authority’s Applications In Cave, Dry Lake and Delamar Valleys | |
April 2008: aaa aaaa aaa | |
February 2008: Adrift in the Water: Key Provisions of the Water Quality Program Remain Untethered | |
January 2008: Ninth Circuit Issues Latest Alpine Decision Regarding Transfer Applications of Water Rights within Newlands Reclamation Project U.S., et. al. v. Alpine Land and Reservoir Co., et. al, ___F.3d___ 99-16812 (9th Cir. Dec. 7, 2007) | |
November 2007: New Mexico District Court Orders De Novo Appeal in Northern New Mexico Acequia Lawsuits Challenging Acequias’ Authority to Deny Water Transfers Peña Blanca Partnership v. San Jose de Hernandez Community Ditch and Cook v. La Acequia del Gavilan (N.M. 1st Dist. Oct. 10, 2007) | |
October 2007: Nevada State Engineer Grants Change Application for In-Stream Flow Rights on Truckee River | |
October 2007: Oregon Court Resolves Question of Water Right Ownership in Favor of Irrigation Districts Fort Vannoy Irrigation District v. Oregon Water Resources Commission 214 Or.App 88, 162 P.3d 1066 (Or. App. 2007) | |
August 2007: Nevada State Engineer Issues Spring Valley Ruling-the Largest Interbasin Transfer Request in Nevada’s History | |
August 2007: Washington State Pollution Control Hearings Board Rejects Vegetation Removal as Mitigation for Groundwater Rights CPM Development Corp. dba ICON Materials v. Ecology PCHB No. 03-071 (Order on Summary Judgment, March 12, 2007) | |
July 2007: Washington Department of Ecology’s Draft ‘Enlargement’ Policy Prompts Scrutiny of State’s Approach to Water Right Changes | |
May 2007: Utah State Engineer Fires a Warning Shot—Mere Development of Well Capacity Does Not Equate to Beneficial Use of Water | |
April 2007: Colorado Legislature Seeks to Fill Gaps in Water Law and Administration | |
March 2007: Nevada State Engineer Rejects Bulk of Request to Appropriate Water for Large-Scale Development Near Las Vegas | |
February 2007: New Mexico Supreme Court Requires State Engineer to Consider All Declarations of Water Rights of Record when Considering Change from Surface to Groundwater Rights Montgomery v. Lomos Altos, Inc. and New Mexico State Engineer 29,202 (N.M. Dec. 5, 2006) | |
January 2006: Colorado Supreme Court Limits Water District’s Change Application, Using Consumptive Use Analysis, to Acreage Irrigated at Time of Original Appropriation Central Colorado Water Conservancy District v. Cache La Poudre Water Users Association 05SA120 & 121, (Colo. Nov. 6, 2006) | |
November 2006: Nevada State Engineer Issues Ruling on Southern Nevada Water Authority’s Change Applications | |
August 2006: Texas Supreme Court Resolves Uncertainty in Procedure for Approval of Water Permit Amendments City of Marshall v. City of Uncertain, ___ S.W.3d ___ 03-1111 (Tex. June 9, 2006) | |
May 2006: Change of Use and Inter-Basin Water Transfers: Implications for the Rural Community | |
May 2006: Colorado Supreme Court Revisits the Distinction Between Contractual Water Delivery Rights and Adjudicated Water Rights Public Service Company of Colorado v. Meadow Island Ditch Company No. 2 05SA52 (Colo. April 3, 2006) | |
April 2006: In the Absence of Injury to Other First Priority Water Rights Holders, a Party May Put Her Entire Allotment to Any Benefiicial Use Barnes v. Hussa, ___Cal.App.4th___ C049163 (3rd Dist. Feb. 24, 2006) | |
January 2006: Washington State Department of Ecology Revises Policy on Water Right Transfers | |
January 2006: Colorado Supreme Court Requires Protection for Instream Flow Water Rights in Plans for Augmentation Colorado Water Conservation Board v. City of Central 04SA145 (Colo. Nov. 28, 2005) | |
December 2005: City of Rio Rancho, New Mexico Appeals New Mexico State Engineer’s Ruling on Use of Groundwater Rights for Offset Purposes | |
November 2005: The Colorado Supreme Court Makes Clear that Speculation in Water Is Never Allowed, even in a Change of Water Rights Proceeding High Plains A & M, LLC v. Southeastern Colorado Water Conservancy District, ___ P.3d ___ 04SA266, 04SA267 (Colo. Sept. 12, 2005) | |
November 2005: Utah Supreme Court Addresses Federal/State Jurisdictional Issues, Offers Clarification on Who May File Change Applications, and Offers Views on the Right to Recapture Return Flows from Imported Water Strawberry Water Users Association v. U.S. Bureau of Reclamation, ___P.3d___ 2005 UT 64 (Utah Sept. 27, 2005) | |
October 2005: Utah Supreme Court Alters Long-Standing Rule on Burden of Proof in Change Application Proceedings Searle v. Milburn Irrigation Company, preliminary opinion, 2005 UT 58 (Utah Sept. 2, 2005) | |
September 2005: Utah: Water Supply and the Land Use Connection | |
August 2005: Colorado Supreme Court Upholds Water Court’s Denial of Applicant’s Change Case for ‘Developed Water’ and Determination that Existing Decree Can Be Re-Opened to Examine Historic Nature and Use Ready Mixed Concrete Company v. Farmers Reservoir and Irrigation Company, et.al., ___ P.3d ____ 04SA285 (Colo. June 13, 2005) | |
June 2005: New Mexico Court of Appeals Reaffirms Applications to Change Surface Water Rights to Groundwater Rights Are Not Considered New Appropriations Lynn Montgomery et al. vs. New Mexico State Engineer, ___P.3d___ 24,297 (N.M. Ct. App. April, 12, 2005) | |
June 2005: Colorado Supreme Court Upholds Water Court’s Determination to Revise Water Use Decree to Allow Greater Nontributary Groundwater Withdrawals East Cherry Creek Valley Water and Sanitation District v. Rangeview Metropolitan District, ___P.3d___ 04SA06 (Colo. March 28, 2005) | |
April 2005: Colorado Supreme Court Revisits the Standards for Approval of Augmentation Plans and Clarifies When Attorneys Fees and Costs Are Available In the Matter of the Application of Water Rights of Park County Sportsmen’s Ranch: City of Aurora v. State Engineer 01SA412, (Colo. Jan. 18, 2005) | |
November 2004: Washington’s Department of Ecology’s Water Resources Program Adopts Policy Guidance for Tentative Determinations on Water Rights. | |
September 2004: UTAH: Enforcement of Water Penalties | |
August 2004: Nevada State Engineer Denies Paiute Indian Tribe’s Application for Temporary Change of Previously Appropriated Water where Tribe Owns Water Rights but Not Appurtenant Land | |
August 2004: Colorado Supreme Court Upholds State and Division Engineers’ Curtailment of Senior Irrigation Rights at Undecreed Points of Diversion. Westlands Water District et al. v. Hoopa Valley Tribe et al., ___F.3d___ (9th Cir. July 13, 2004) | |
July 2004: Oregon Court of Appeals Takes Broad View of Standing, Narrow View of Municipal Rights, in Challenge to Water Permit Issuance. Water Watch of Oregon v. Water Resources Comm’n 193 Or.App. 87, 88 P.3d 327 (2004). | |
June 2004: Utah Supreme Court Reaffirms that only the Record Owner of a Water Right may File a Change Application Prisbrey v. Bloomington Water Company 203 Ut. 56 (Utah 2003). | |
April 2004: Utah Supreme Court Clarifies Who Has Standing to Seek Judicial Review of a State Engineer Decision Washington County Water Conservancy District v. Morgan ___P.3d___, 2003 WL 229984993 (Utah Dec. 23, 2003). | |
June 2003: Nevada State Engineer Rules on Applications to Temporarily Change Decreed Water Rights Appurtenant to the Pyramid Lake Indian Reservation | |
April 2003: Utah Legislative Wrap-Up: All's Quiet on the Water Front | |
February 2003: Nevada State Engineer Issues Ruling Concerning Applications to Appropriate Groundwater from Tule Desert Hydrographic Basin | |
November 2002: Proposal to Transport Northern California River Water to San Diego in Floating Bags Is before the State Water Resources Control Board | |
October 2002: State Court: Colorado Supreme Court Clarifies that for Ground-water Used Conjunctively, Historic Use of the Ground-water Right Is Necessary for Change to that Right The State Engineer and the Division Engineer for Water Division 3 v. Bradley ___P.3d___,Case No.01SA295 (Colo.Sept.9,2002). | |
April 2001: Utah: Proposed Legislation Allowing Mutual Irrigation Company Shareholders to File Change Applications Fails, but Is Likely To Resurface Next Year |
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Chattahoochee River |
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Colorado River |
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October 2008: Building a Reservoir to Conserve Water Lost to Mexico | |
July 2008: While Colorado Eyes an Abundant Snowpack, California Governor Declares Drought | |
June 2008: News from the West | |
April 2008: Peace in Our Time on the Colorado River, at Least for the Duration—Secretary of the Interior Approves Far-Reaching Guidelines for the Colorado River | |
April 2008: Superior Court Dismisses Court Challenge of Quantification Settlement Agreement Quantification Settlement Agreement Coordinated Special Proceeding JC4353, Sacramento Superior Court | |
March 2008: U.S. Bureau of Reclamation Finalizes Guidelines for Colorado River Shortages and Reservoir Coordination | |
February 2008: Western States Agree to Historic Colorado River Management Stratgies | |
February 2008: EPA Approves Plan by Northeast States to Lower Mercury Levels in Fish | |
December 2007: The QSA Cases Finally Take the Stage in the Next Act of Southern California’s Fight over Colorado River Water Quantification Settlement Agreement Coordinated Special Proceeding JC 4353. Sacramento County Superior Court | |
November 2007: Arizona Seeks More Time to Settle Disputes over Implementation of New Colorado River Guidelines | |
August 2007: Appellate Victory a Step Forward for the Quantification Settlement Agreement As Imperial County Petitions for Rehearing County of Imperial v. Superior Court of Sacramento County, et al. 152 Cal.App.4th 13 (3rd Dist. 2007) | |
August 2007: A New Climate of Cooperation along the Colorado River | |
October 2006: Emergency Injunction by Ninth Circuit Halts the Lining of the All American Canal Consejo de Desarrol, et al. v. United States, et al., ___F.3d___ 06-16345 (9th Cir. Aug. 25, 2006) | |
May 2006: News from the West Barnes v. Hussa, 136 Cal.App.4th 1358 (Cal.App. 2006); Arizona v. California, 547 U.S.___ 8, orig. (March 27, 2006) | |
April 2006: Seven Western States Send the Department of Interior a United Proposal for Increasing Colorado River Supplies | |
March 2006: Forging Solutions on the Colorado River | |
March 2005: COLORADO: Interstate and International Water Issues | |
March 2005: CALIFORNIA: Interstate and International Water Issues | |
March 2005: ARIZONA: Interstate and International Water Issues | |
February 2005: Bush Administration Threatens Colorado River Cutbacks. | |
February 2005: Arizona and Nevada Reach New Water Banking Agreement. | |
July 2004: Water Managers Consider Contingencies to Deal with Five-Year Colorado River Drought. | |
May 2004: Analyzing Colorado River Shortage Criteria: Potential Impacts on Arizona | |
March 2004: Imperial Irrigation District Buys Land in Attempt to Fulfill Quantification Settlement Agreement Obligation | |
June 2003: Arizona Legislature Agrees to Forego Colorado River Surplus Entitlement in Exchange for Shortage Indemnity by Metropolitan Water District | |
June 2003: Federal Court Remands Determination of IID's Reasonable and Beneficial Water Use to U.S. Department of Interior Imperial Irrigation District v. Norton, et al. ___F.Supp.2d___, Case No. 03CV0069W (JFS), filed Jan. 10, 2003 (S.D. Cal.) | |
April 2003: The Colorado River Quantification Settlement Agreement on the Brink - A View from San Diego | |
April 2003: Negotiators Agree to Terms of Colorado River Quantification Settlement Agreement, but Final Agreement Is Not Yet Certain | |
January 2003: Rice Farmers Offer to Fallow Land for Water Transfer to Southern California | |
January 2003: U.S. Secretary of the Interior Prepares to Ratchet Back California's Use of Colorado River Water | |
January 2001: Nevada: Federal Court Vacates Previous Decision To Excercise Jurisdiction over Enforcement Proceeding Involving Water Rights Adjudicated under Nevada’s Statutory Water Law State Engineer of the State of Nevada v. South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada 114 F.Supp.2d 1046 (D. Nev. 2000) vacating decision at 66 F.Supp.2d 1163 (D. Nev. 1999) |
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Colorado River Doctrine |
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Conditional Water Rights |
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Confined Aquifer Systems |
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Conjunctive Uses |
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May 2007: Idaho Supreme Court Suggests that First in Time Is Not Necessarily First in Right | |
March 2006: Texas: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Colorado: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Arizona: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: California: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Idaho: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Nevada: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Utah: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Oregon: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: New Mexico: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Washington: Groundwater Management, Conjunctive Use and Water Banking | |
March 2004: Groundwater Storage: Not as Easy as It Sounds | |
October 2002: State Court: Colorado Supreme Court Clarifies that for Ground-water Used Conjunctively, Historic Use of the Ground-water Right Is Necessary for Change to that Right The State Engineer and the Division Engineer for Water Division 3 v. Bradley ___P.3d___,Case No.01SA295 (Colo.Sept.9,2002). |
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Conservation Easements |
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Contractual Water Delivery Rights |
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Curtailment |
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Deeds and Grants |
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Delta Water Charge |
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Developed Water |
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Ditch Rights |
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May 2007: Colorado Supreme Court Arguably Rules That an Adjudicated Water Right Is a Prerequisite for Maintaining a Ditch Condemnation Proceeding in District Court Tonko v. Mallow 06SA199 (Colo. March 19, 2007) | |
January 2006: Colorado Supreme Court Limits Water District’s Change Application, Using Consumptive Use Analysis, to Acreage Irrigated at Time of Original Appropriation Central Colorado Water Conservancy District v. Cache La Poudre Water Users Association 05SA120 & 121, (Colo. Nov. 6, 2006) | |
December 2005: Colorado Supreme Court Upholds State Engineers’ Order Requiring Ditch Owner to Install Suitable Headgate to Prevent Excess Diversions from Purgatorie River Tatum v. People ex rel. Simpson and Witte, ___P.3d___ 04SA382 (Colo. Nov. 7, 2005) | |
November 2005: The Colorado Supreme Court Makes Clear that Speculation in Water Is Never Allowed, even in a Change of Water Rights Proceeding High Plains A & M, LLC v. Southeastern Colorado Water Conservancy District, ___ P.3d ___ 04SA266, 04SA267 (Colo. Sept. 12, 2005) | |
September 2005: Idaho: Water Supply and the Land Use Connection | |
December 2004: Ditch and Water Structure Authorizations across Federal Lands: New Case Law Supporting Bypass Flow Requirements | |
April 2004: Colorado Supreme Court upholds State and Division Engineers’ Curtailment of the City of Golden’s Municipal Direct Flow Rights During 2002 Drought City of Golden v. Hal D. Simpson, et al 83 P.3d 87 (Colo. 2004). |
October 2003: Water Rights Decisions in Washington’s Okanogan County Uphold Agency Decisions Reducing Diversions, Increasing Instream Flows County of Okanogan et al. v. National Marine Fisheries Service); Methow Valley Irrigation District v. State of Washington, Department of Ecology, Washington Pollution Control Hearings Board Case No 02-35512, Memorandum Opinion (9th Cir. Aug. 14, 2003); Case No. 02-071, (Aug. 20, 2003). |
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Ditch Water Rights Condemnation |
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Diversions |
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July 2009: News from the West | |
May 2009: Central Florida Water Wars: Florida Water Agency Approves Surface Water Withdrawal | |
December 2008: New Mexico Court of Appeals Finds Appeal Provisions in Statute Governing Decisions by Commissioners of Acequias Constitutional Pena Blanca Partnership v. San Jose de Hernandez Community Ditch, et al. and Richard Cook v. La Acequia Del Gavilan, et al., (consolidated) 28005 (N.M.App. Oct. 20, 2008) | |
December 2008: Nevada State Engineer Curtails Pumping Near Devil’s Hole National Monument | |
May 2008: Sportfishing Alliance and C-WIN Petition SWRCB Invoking Public Trust Doctrine, Challenging Diversions and Use of Delta Water Supplies | |
April 2008: aaa aaa aaa | |
January 2008: District Court Resolves Jurisdictional Impasse in De Novo Review of Utah State Engineer Decisions Roosevelt City v. Jerry D. Olds, State Engineer, ___ F.Supp.2d___ 2:07CV443TC (D. Ut. 2007) | |
January 2008: Third District Court Affirms State Water Resources Control Board’s Use of Term 91 in Water Permits Phelps v. State Water Resources Control Bd. C052770 ___Cal.App.4th___ (3rd Dist. Nov. 26,2007) | |
December 2007: News from the West | |
October 2007: Oregon Court Resolves Question of Water Right Ownership in Favor of Irrigation Districts Fort Vannoy Irrigation District v. Oregon Water Resources Commission 214 Or.App 88, 162 P.3d 1066 (Or. App. 2007) | |
October 2007: South Carolina Takes Controversy over Inter-Basin Water Transfer in North Carolina to U.S. Supreme Court South Carolina v. North Carolina ___, U.S. Supreme Court | |
August 2007: Oakdale Irrigation District to Study Implications of Proposed Water Transfer with Modesto Irrigation District and San Francisco PUC | |
August 2007: Great Lakes Water Diversion Controversy Intensifies in Wisconsin | |
July 2007: Recent Events Spark Optimism for Water Agencies with Interests in the Mokelumne River | |
May 2007: State Water Resources Control Board Cancels 17-Year-Old Application for Mokelumne River Water | |
May 2007: Idaho Supreme Court Suggests that First in Time Is Not Necessarily First in Right | |
April 2007: In a Modified Decision after Rehearing, Fifth District Court Restricts Forfeiture of Water North Kern Water Dist. v. Kern Delta Water Dist. 147 Cal.App.4th 555 (5th Dist. 2007) | |
April 2007: Colorado Legislature Seeks to Fill Gaps in Water Law and Administration | |
February 2007: Lawsuit Filed over Contra Costa Water District’s Plan to Divert Water from a New Delta Intake Location San Luis & Delta Mendota Water Authority v. Contra Costa Water District 06CS01778 (Sacramento Super. Ct., filed Dec. 15, 2006) | |
February 2007: Coastal Water Project in Monterey Moves Forward | |
November 2006: The Friant Settlement: Compromise to Restore the San Joaquin River | |
November 2006: Third District Court Narrows the Ability of State Water Resources Control Board to Impose Term 91 El Dorado Irrigation District v. State Water Resources Control Board 142 Cal.App.4th 937 (3rd Dist. 2006) | |
October 2006: On Remand, District Court Withdraws Previous Findings of Fact and Conclusions of Law and Adopts New Definition of Hydraulic Connection between Ground and Surface Water Herrington v. State of New Mexico ex rel. Office of the State Engineer 133 P. 3d 258 (D. N.M. 2006) | |
May 2006: New Mexico Supreme Court Reverses State Engineer, Adopts New Test for Surface to Groundwater Transfers Herrington v. State of New Mexico, ex rel. Office of the State Engineer 28,628 (N.M. March 9, 2006) | |
May 2006: Ohio Supreme Court Rules that State Lacked Authority to Convey Cuyahoga River Water Rights to the City of Akron Portage County Board of Commissioners v. Akron, 2006-Ohio-954, ___N.E.2d___ 2004-0783 (Ohio Mar. 6, 2006) | |
May 2006: News from the West Barnes v. Hussa, 136 Cal.App.4th 1358 (Cal.App. 2006); Arizona v. California, 547 U.S.___ 8, orig. (March 27, 2006) | |
April 2006: aaa aaa aaa | |
March 2006: State Water Resources Control Board Limits Withdrawals and Imposes Civil Penalties at Lake Arrowhead | |
December 2005: Colorado Supreme Court Upholds State Engineers’ Order Requiring Ditch Owner to Install Suitable Headgate to Prevent Excess Diversions from Purgatorie River Tatum v. People ex rel. Simpson and Witte, ___P.3d___ 04SA382 (Colo. Nov. 7, 2005) | |
November 2005: The Colorado Supreme Court Makes Clear that Speculation in Water Is Never Allowed, even in a Change of Water Rights Proceeding High Plains A & M, LLC v. Southeastern Colorado Water Conservancy District, ___ P.3d ___ 04SA266, 04SA267 (Colo. Sept. 12, 2005) | |
October 2005: Water Diversions, Water Rights Selective Subordination Issues in Water Court Litigation Move to the Colorado Supreme Court In Re: Application for Water Rights of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District 05SA____; Appeal from the District Court, Water Division No. 1, 02CW335, appeal filed July 18, 2005 (Colo.) | |
May 2005: SWRCB Holds Public Workshop to Consider Petition Related to AB2121 Mandates Regarding Water Diversions on Central Coast Streams | |
May 2005: Colorado Supreme Court Reviews First ‘Recreational In-Channel Diversion’ Case under New Legislation Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy District, ___P.3d___ 04SA44 (Colo. March 14, 2005) | |
April 2005: Oregon Water Resources Commission Settles with U.S. Fish and Wildlife Service for Water Diversion Rights to Benefit Malheur Wildlife Refuge | |
March 2005: U.S. Bureau of Reclamation Offers Compromise Solution to Increase Fallbrook, Camp Pendleton Water Supplies through Conjunctive Use | |
December 2004: Ditch and Water Structure Authorizations across Federal Lands: New Case Law Supporting Bypass Flow Requirements | |
August 2004: Colorado Supreme Court Upholds State and Division Engineers’ Curtailment of Senior Irrigation Rights at Undecreed Points of Diversion. Westlands Water District et al. v. Hoopa Valley Tribe et al., ___F.3d___ (9th Cir. July 13, 2004) | |
February 2004: Colorado Water Court Awards Controversial “Recreational In-Channel Diversion” for Whitewater Park on Gunnison River Concerning the Application for Water Rights of Upper Gunnison Water Conservancy District in Gunnison County Case No. 02CW38 (Water Div. 4 Dec. 26, 2003 | |
June 2003: New Mexico Legislation Requires Compliance with Acequia or Community Ditch Requirement for Changes in Points of Diversion or Place or Purpose of Use of Water Rights | |
June 2003: Colorado Supreme Court Pounds Nails into the Coffin of the State Engineer-Approved Temporary Substitute Supply Plans Hal D. Simpson v. Bijou Irrigation Co., et al. Case No. 02SA377, Slip Opinion issued April 30, 2003 | |
May 2003: Riverside County Resident Causes Waves by Selling Local Spring Water to Bottling Companies | |
January 2003: Application to Appropriate Denied in Judicial Review Action as Violating the Anti-Speculation Requirement under Utah Law Bushnell v. Jerry W. Olds, et al. Civil No. 000404289, (4th Dist. Ct., Utah Co., Utah). | |
January 2003: United States Attempts to Include Reservoir Storage and Upper Basin Water Users in Lower Rio Grande Adjudication by Requesting an Order Directing the State of New Mexico Amend Its Adjudication Complaint. State of New Mexico, ex rel. Office of the State Engineer v. Elephant Butte Irrigation District, et al., No. CV-96888 (N.M. Dist Ct., 3rd. Dist.). | |
January 2003: Washington State Establishes Water Acquisition Program, though Pollution Control Hearings Board Decision Prevents Private Parties from Holding Water Rights for Instream Flow Purposes | |
November 2002: State Decisions: Washington State Supreme Court's "Sullivan Creek" Decision Applies Clean Water Act § 401 Certification Decision in Elkhorn to Existing State Water Rights PUD No. 1 of Pend Oreille County v. Ecology, (Wa. July 18, 2002) | |
October 2002: Court of Appeal Finds That Fish and Game Code Section 1603 May Diversions Tied to Pre-1914 Appropriative Water Rights People v. Murrison ___Cal.App.4th___,(3rd Dist.Aug.20 2002). | |
July 2002: Sacramento Water Rights Settlement Contractors and the United States Proceed with Contract Renewal Negotiations | |
June 2002: State Water Resources Control Board to Hold Hearing on "Area of Origin" Applications to Appropriate Water for the cities of Benecia, Fairfield and Vacaville | |
November 2001: Captured Urban Runoff, Drained Groundwater, and Salvaged, Waste and Return Flows: Whose Water Is It? | |
February 2001: Westlands Water District Sues to Reverse Interior Secretary Bruce Babbitt's Decision on Trinity River Flows |
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Domestic Well Permits |
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Drought |
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Easements |
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Economics and Valuation |
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Eminent Domain |
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Endangered Species |
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Equitable Rights |
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Expansion Claims |
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Fallowing |
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Federal Lands |
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Federally Reserved Water Rights Doctrine |
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Fees |
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June 2008: Parties Battle over Revenues from Power Plant as Sacramento Superior Court Denies Cross-Motions for Summary Judgment and Case Moves to Trial Alameda County Flood Control and Water Conservation District, Zone 7, et al. v. California Department of Water Resources, et al. 05ASO1775, ruling on motions, May 8, 2008 (Sacramento County Superior Court) | |
April 2008: Water Users Attempt to Expand Sixth District’s 2007 Holding that Groundwater Augmentation Fees Are Subject to Proposition 218 Pajaro Sunny Mesa Community Services District v. Pajaro Valley Water Management Agency CV 159508, County of Santa Cruz Superior Court, filed Feb. 20, 2008 | |
January 2008: State Water Board Issues New Water Right Fees Payment Notices to Farmers | |
December 2007: A Clash of Equities: Proposition 218 Squares Off against Tiered Water Pricing | |
August 2007: Climate Change Considerations for Water Planning: AB 224 and Other Legislative Proposals | |
July 2007: Sixth District Holds that Groundwater Augmentation Charges Are Subject to Proposition 218 Pajaro Valley Water Management Agency v. Amrhein 150 Cal.App.4th 1364 (6th Dist. 2007) | |
June 2007: California Water Rights Fees: Petitions for Review Granted by the California Supreme Court California Farm Bureau Federation, et al. v. State Water Resources Control Board, et al. S150518 filed April 11, 2007, California Supreme Court | |
January 2006: Texas Legislature Warms Up for Another Swing at Major Water Legislation | |
June 2005: Superior courts Upholds California’s New Annual Water Right Fees as Valid Regulatory Fees Northern California Water Association et al. v. State Water Resources Control Board, et al 03CS01776 (Sac. Co. Super. Ct. April 26, 2005) | |
June 2005: State Water Project Contractors File Suit against the Department of Water Resources Alleging Improper Billing Practices Alameda County Flood Control & Water Conservation District, Zone 7 v. California Department of Water Resources 05AS61775, filed April 25, 2005 (Sac. Co. Super. Ct.) | |
April 2005: California Senate Bill, SB 31, Would Limit Water User Fees | |
February 2005: Utah Supreme Court Rules on Impact Fees andon Retroactive Extension for Filings in Adjudication Proceeding Washington County Water Conservancy District v. Keystone Conversions, (Utah 84 2004) In the matter of the General Determination of Rights to the use of Water, Both Surface and Underground, within the Drainage Area of the Price River and the Drainage Area of the Green River from the Confluence of the Price and Green Rivers to the Confluence of the Green and the Colorado Rivers, Case No. 20030156 (Utah 106 Dec. 21, 2004). | |
November 2004: State Water Resources Control Board Adopts Water Rights and Water Quality Fee Schedules for 2004-2005 State Water Resources Control Board 20004-0061 (Amending Cal. Code Regs., tit. 23, div. 3) | |
August 2004: Controversial “User Fees” Proposed to Fund CalFed Programs | |
July 2004: Legislation Enacted to Repeal Colorado’s Water Right Administration Fee Program. | |
April 2004: California Farm Bureau Federation, Others, Challenge State Water Resources Control Board’s Water Rights Fees In Re the Petition of the California Farm Bureau Federation, et al., Re State Water Resources Control Board Resolution 2003-0077. | |
February 2004: State Water Resources Control Board Adopts Emergency Regulations Establishing Water Right and Water Quality Certification Fees Schedules; Lawsuit Filed SWRCB Resolution No. 2003-0077. | |
January 2004: California Set to Adopt Emergency Regulations Establishing Increased Fees for Petitions and Setting Annual Water Rights Fees | |
January 2004: Colorado State Engineer Implements Fee Program for Funding Water Rights Administration |
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Fines and Penalties |
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Flow Restrictions |
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Forbearance Agreements |
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Forfeiture of Rights |
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May 2008: Utah Legislature Considered 29 Water Rights Bills—HB 51 Passes into Law | |
May 2008: Nevada Supreme Court Issues Ruling Reaffirming Protected Status of Vested Water Rights Anderson Family Associates v. Nevada State Engineer, 124 Nev.___ Adv. Opn. No. 17 (Nev. Mar. 27, 2008) | |
January 2008: Ninth Circuit Issues Latest Alpine Decision Regarding Transfer Applications of Water Rights within Newlands Reclamation Project U.S., et. al. v. Alpine Land and Reservoir Co., et. al, ___F.3d___ 99-16812 (9th Cir. Dec. 7, 2007) | |
November 2007: Yakima County Superior Court Affirms Relinquishment of Water Rights Sought by City City of Union Gap and Ahtanum Ridge Business Park, LLC, v. Washington Department of Ecology 06-2-00271-6 (Yakima County Superior Court, Oct. 9, 2007) | |
May 2007: Utah State Engineer Fires a Warning Shot—Mere Development of Well Capacity Does Not Equate to Beneficial Use of Water | |
April 2007: In a Modified Decision after Rehearing, Fifth District Court Restricts Forfeiture of Water North Kern Water Dist. v. Kern Delta Water Dist. 147 Cal.App.4th 555 (5th Dist. 2007) | |
February 2007: Fifth District Court Holds Water User May Forfeit Multiple Pre-1914 Rights by Bypassing the Same Physical Quantity of Water North Kern Water Dist. v. Kern Delta Water Dist., ___Cal.App.4th___ F047706 (5th Dist. Jan. 2, 2007) | |
April 2006: Nevada State Engineer Issues Forfeiture Ruling | |
February 2006: Washington State Pollution Control Hearings Board Affirms Relinquishment of Water Rights Sought for Municipal Use City of Union Gap and Ahtanum Ridge Business Park v. Ecology, PCHB 05-078 (Jan. 5, 2006) | |
June 2005: Nevada Supreme Court Issues Ruling Regarding Notice of Cancellation of Water Right Permits Nevada Dep’t of Conservation and Natural Resources, Division of Water Resources v. Foley et al, 121 Nev. Adv. Opn. 8 (Nev. April 14, 2005) | |
November 2003: Nevada Supreme Court Issues Opinion Concerning Forfeiture of Groundwater Rights Preferred Equities Corp. v. State Engineer, State of Nevada 119 Nev. Adv.Op. 44 (Nevada 2003). | |
August 2003: In Idaho, Snake River Basin Adjudication District Court to Consider “Who Owns the Water Right | |
January 2003: Colorado Supreme Court Affirms Denial of Conditional Water Right where Applicant Lacked Permission to Access Federal Land to Appropriate the Water West Elk Ranch, L.L.C. v. U.S. ___P.3d___, Case No. 02SA93 (Colo. Dec. 2002). | |
January 2003: Colorado Supreme Court Finds Conditional Water Right Owners Should Not Lose Rights without Proper Notice of the Impending Cancellation In Re Water Rights of Double RL Co., 54 P.3d 908 (Colo. 2002). | |
February 2001: Idaho: State Tackles Administration of Groundwater and Surface Water |
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Fully Appropriated River Status |
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'Garrapata Test' |
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General |
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Grazing Rights |
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Groundwater |
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June 2009: Arizona Supreme Court Finds Deed Reservations of Potential Future Use of Groundwater Invalid Davis v. Agua Sierra Resources LLS 203 P.3d 506 (Az. 2009) | |
June 2009: Colorado Supreme Court Rules that Coalbed Methane Wells Must Have Water Well Permits Vance v. Wolfe 07SA293 (Colo. April 20, 2009) | |
June 2009: News from the West | |
January 2009: Superior Court Rules Antelope Valley Aquifer Is Hydrologically Connected Antelope Valley Groundwater Coord. Proceding No. 4408, ruling Nov. 12, 2008 (Santa Ana Cnty Sup Ct) | |
January 2009: Controversy Erupts over Groundwater Permit Exemption for Stockwatering with Washington Department of Ecology’s Notice of Exemption’s Limitations | |
January 2009: Colorado Supreme Court Ends 15-Year Case on Proposed Subdivision Water Supply-Augmentation Plan Insufficient for Groundwater Rights Buffalo Park Dev. Co. v. Mountain Mutual Reservoir Co. 184 P.3d 106 (Colo. 2007) | |
January 2009: Idaho Canal Companies Seek Administrative Appeal of Hydropower Subordination Decision | |
December 2008: Arizona Department of Water Resources Proposes New Hydrologic Studies and Criteria Following 2007 Legislation Regulating Groundwater Use in Rural Arizona | |
December 2008: Nevada State Engineer Curtails Pumping Near Devil’s Hole National Monument | |
December 2008: Texas Supreme Court Judges ‘Historic Use of Groundwater’ in Terms of Both Quantity and Purpose Guitar Holding Co. v. Hudspeth Cty Underground Water Conservation District No 1, 263 S.W.3d 910 (Tex. 2008) | |
August 2008: Nevada State Engineer Issues Ruling 5875 on Southern Nevada Water Authority’s Applications In Cave, Dry Lake and Delamar Valleys | |
July 2008: State Appeals Court Decision that Creates Property Right in Percolating Groundwater Appealed to Arizona Supreme Court Merwyn C. Davis, et al. v. Agua Sierra Resources, LLC, et al 217 Ariz. 386, 174 P.3d 298 (App. 2008) | |
June 2008: Colorado Supreme Court Upholds Aquifer Sustainability Rules Promulgated by State Engineer—Rules Did Not Impermissibly Restrict Right to Appropriate Water Simpson v. Cotton Creek Circles 07SA42 (Colo. 2008) | |
April 2008: aaa aaa aaa | |
January 2008: District Court Approves Historic Groundwater Settlement between Washington State and Lummi Indian Nation U.S. and Lummi Indian Nation v. Washington Department of Ecology, ___F.Supp.2d___ C01-0047Z (W.D. Wash. Nov. 20, 2007) | |
November 2007: News from the West | |
October 2007: Colorado Supreme Court to Address Groundwater Rules and the Legislatively-Imposed Standard of Sustainability | |
August 2007: Nevada Legislature Adjourns after Passing Several Significant Water- Related Bills | |
August 2007: Washington State Pollution Control Hearings Board Rejects Vegetation Removal as Mitigation for Groundwater Rights CPM Development Corp. dba ICON Materials v. Ecology PCHB No. 03-071 (Order on Summary Judgment, March 12, 2007) | |
June 2007: Idaho State District Court Issues Temporary Restraining Order that Forestalls Historic Curtailment Order Affecting Agriculture and Municipalities Idaho Ground Water Appropriators, Inc., et al. v. Idaho Department of Water Resources, et al. CV-2007-0000526, order issued May 8, 2007, Fifth Judicial District | |
May 2007: Proposed Oregon Legislation Would Require Water Rights for New Domestic Wells | |
April 2007: Allegretti v. County of Imperial: Return to Reason | |
February 2007: Temecula-Area Groundwater Basin to be Administered Jointly by Rancho California Water District and Pechanga Band of Luiseño Indians | |
February 2007: Legal Classifications for Colorado Surface Water Rights Hinge on Showing of Hydrologic Connection with Ground Water Gallegos v. Colorado Ground Water Commission 05SA253 (Colo. Nov. 6, 2006) | |
February 2007: New Mexico Supreme Court Requires State Engineer to Consider All Declarations of Water Rights of Record when Considering Change from Surface to Groundwater Rights Montgomery v. Lomos Altos, Inc. and New Mexico State Engineer 29,202 (N.M. Dec. 5, 2006) | |
January 2006: Washington Hearings Board Affirms Department of Ecology’s Authority to Issue New Groundwater Rights with Mitigation Squaxin Island Tribe v. Dept. of Ecology and Miller Land and Timber LLC, PCHB 05-137(Order on Motions, May 19, 2006 and Modified Findings of Fact, Conclusions of Law, and Order, Nov. 20, 2006) | |
January 2006: New Mexico Court of Appeals Affirms District Court Recognition of Municipal Authority to Prohibit Drilling of Domestic Wells Permitted by State Engineer Stennis v. City of Santa Fe 143 P.3d 756, 2006 NMCA 125 (N.M.App., Revised Op. Oct. 11, 2006) | |
January 2006: Developments in the Law of Groundwater in Montana | |
December 2006: Idaho Supreme Court Hearing Nears in Ongoing Battle between Surface and Ground Water Users American Falls Reservoir District No. 2, A &B Irrigation District, et al. v. Idaho Department of Water Resources, et al. 33249/33311/33399, oral argument, December 8, 2006 (Idaho Supreme Court) | |
December 2006: New Mexico Court of Appeal Issues Writ of Certiorari in Challenge to New Mexico State Engineer’s Domestic Well Regulations Board of County Commissioners of the County of Rio Arriba, et al. v. John D’Antonio, Jr., New Mexico State Engineer D-101 CV-200602087 (NM App. 1st Dist) | |
October 2006: Emergency Injunction by Ninth Circuit Halts the Lining of the All American Canal Consejo de Desarrol, et al. v. United States, et al., ___F.3d___ 06-16345 (9th Cir. Aug. 25, 2006) | |
October 2006: Alice in Groundwater Land: Court Defines State Board ‘Subterranean Stream’ Jurisdiction | |
October 2006: U.S. Department of Interior and Southern Nevada Water Authority Reach Agreement to Settle Federal Protests to SNWA’s Applications to Appropriate Spring Valley Groundwater | |
October 2006: OWRD Presents Evidence of Ground Water/ Surface Water Interaction in Klamath River Basin, Raising Questions Regarding Future Ground Water Allocation | |
August 2006: State Water Resources Control Board Designates Local Agencies to Administer Groundwater Recordation Program | |
August 2006: First District Court Upholds State Board’s Test for Determining Its Jurisdiction over Groundwater North Gualala Water Co. v. State Water Resources Control Board 139 Cal.App.4th 1577 (1st Dist. 2006) | |
August 2006: News from the West | |
August 2006: Oregon Water Resources Department Issues Proposed Rule Amendments, Which Recognize Changes to Certificates of Registration and Modify Transfer Rules | |
May 2006: Court of Appeal Rules that Imperial County Did Not ‘Take’ a Landowner’s Overlying Water Rights when Conditioning a Use Permit to Limit Pumping Allegretti v. County of Imperial D045156, unpub. op. (Cal. App. 4th Dist. Mar. 28, 2006 ) | |
May 2006: Arizona Department of Water Resources Prepares to Adopt Permanent Well Spacing and Well Replacement Rules | |
May 2006: New Mexico Supreme Court Reverses State Engineer, Adopts New Test for Surface to Groundwater Transfers Herrington v. State of New Mexico, ex rel. Office of the State Engineer 28,628 (N.M. March 9, 2006) | |
April 2006: The Seaside Basin Case: Adjudication Grows Up | |
April 2006: Nevada State Engineer Issues Forfeiture Ruling | |
April 2006: Nevada State Engineer Issues Intermediate Order and Hearing Notice Regarding Las Vegas Valley Water District’s 1989 Applications to Appropriate Groundwater | |
April 2006: aaa aaa aaa | |
March 2006: Texas: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Colorado: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Arizona: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: California: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Idaho: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Nevada: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Utah: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Oregon: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: New Mexico: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Washington: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Monterey County Superior Court Imposes Pumping Restrictions in the Seaside Basin California American Water v. City of Seaside M66343 (Monterey Co. Super. Ct. Jan. 12, 2006) | |
March 2006: News From the West Brady v. Abbott Laboratories, 433 F.3d 679 (9th Cir. 2005); Goodrich v. United States, ___F.3d___ 05-5047 (D.C. Cir. 2006); City of Union Gap v. Washington State Dept. of Ecology, Wash. PCHB No. 05-078 (2006) | |
March 2006: Michigan Legislature Receives Major Report on Groundwater Resources and Recommendations for New Groundwater Policies | |
March 2006: Sixth Circuit Holds that Ohio Landowners Have a Property Interest in Groundwater; Governmental Interference Can Constitute a Taking Hensley v. City of Columbus 433 F.3d 494 (6th Cir. 2006) | |
February 2006: Ninth Circuit Rules that Private Landowners Have No Action for Interference with Groundwater Rights where a Neighbor Is Pumping Groundwater to Benefit the Land from which the Water Was Withdrawn Brady v. Abbott Laboratories, ___F.3d___ 04-15257 (9th Cir. Dec. 29, 2005) | |
January 2006: Once More with Feeling: With Little to Show in 2005, Water Bills to Watch in 2006 | |
January 2006: Michigan Court of Appeals Limits Groundwater Pumping for Nestlé’s Bottled Water Plant Michigan Citizens for Water Conservation v. Nestlé Waters North America Inc., ___Mich.App.___ 254202(Mich. App. Nov. 29, 2005) | |
December 2005: Nevada State Engineer Initiates Domestic Well Credit Program in Dayton Valley Basin | |
December 2005: Utah Legislative Task Force to Recommend Passage of a Groundwater Management Act | |
December 2005: City of Rio Rancho, New Mexico Appeals New Mexico State Engineer’s Ruling on Use of Groundwater Rights for Offset Purposes | |
November 2005: Washington Department of Ecology Adopts New Water Management Rule | |
October 2005: Washington State Attorney General Weighs In on Groundwater Permit Exemption for Stockwatering Use | |
August 2005: Court Provisionally Approves Stipulation to End Eight-Year Santa Maria Basin Adjudication | |
August 2005: Once Groundwater, Always Groundwater? The Idaho Supreme Court Addresses Recapture A & B Irr. Dist. v. Aberdeen-American Falls Ground Water Dist., ___P.3d___ 2005-77 (Id. June 21, 2005) | |
July 2005: Texas Legislature Falls Short of Water Goals | |
July 2005: New Mexico Court of Appeals Holds the State Engineer Has Discretion over Amended Declarations Claiming Non-Vested Water Rights Eldorado Utilities, Inc. v. State of New Mexico ex rel. John D’Antonio 110 P.3d 76, cert. denied (N.M. App. April 12, 2005) | |
June 2005: Idaho Department of Water Resources Director Issues Curtailment Order Regarding Consumptive Groundwater Rights | |
June 2005: New Mexico Court of Appeals Reaffirms Applications to Change Surface Water Rights to Groundwater Rights Are Not Considered New Appropriations Lynn Montgomery et al. vs. New Mexico State Engineer, ___P.3d___ 24,297 (N.M. Ct. App. April, 12, 2005) | |
June 2005: Colorado Supreme Court Upholds Water Court’s Determination to Revise Water Use Decree to Allow Greater Nontributary Groundwater Withdrawals East Cherry Creek Valley Water and Sanitation District v. Rangeview Metropolitan District, ___P.3d___ 04SA06 (Colo. March 28, 2005) | |
April 2005: Nevada State Engineer Grants Groundwater Permits to the Las Vegas Valley Water District to Appropriate Water from Tikapoo and Three Lakes Valleys | |
April 2005: Colorado Supreme Court Revisits the Standards for Approval of Augmentation Plans and Clarifies When Attorneys Fees and Costs Are Available In the Matter of the Application of Water Rights of Park County Sportsmen’s Ranch: City of Aurora v. State Engineer 01SA412, (Colo. Jan. 18, 2005) | |
March 2005: Sierra Club Files Lawsuit to Challenge Los Angeles County’s Approval of a Spring Water Exporting Project Sierra Club v. County of Los Angeles BS094042 (filed Dec. 17, 2004 L.A. County Superior Court) | |
February 2005: Mendocino County Superior Court Upholds SWRCB Groundwater Calssification. North Gualala Water Company v. California State Water Resources Control Board, Case No. SCUKCVG 01861, Minute Order filed Nov. 8, 2004 (Mendocino County Superior Court). | |
February 2005: The California Legislature Should Establish Water Courts | |
February 2005: Idaho Legislature Faces Difficult and Busy Session. | |
November 2004: City of Santa Fe Awarded Supplemental Well Permits for Buckman Well Field: Update on Implications for Conjunctive Management in New Mexico. In the Matter of the Applications by the City of Santa Fe for Permits for Supplemental Wells in the Rio Grande Underground Water Basin, New Mexico Office of the State Engineer File Nos. RG-20516-S-10 through RG-20516-S-13 (Sep. 15, 2004) | |
August 2004: Texas Land Commissioner Engaged in Controversial Negotiations to Sell State-Owned Groundwater in West Texas to Private Investors. | |
June 2004: Partial Statement of Decision Issued in Santa Maria Valley Groundwater Litigation Santa Maria Valley Water Conservation District, et al. v. City of Santa Maria, et al. Case No:1-97-CV-770214 (Santa Clara Sup. Ct., Order May 5, 2004). |
June 2004: Supreme Court Finds that Sand and Gravel Are Not “Valuable Minerals” under the Pittman Underground Water Act of 1919. BedRoc Limited, LLC v. United States, 541 U.S.___ 1593 (March 31, 2004). | |
May 2004: Court of Appeal: Court of Appeal Denies Compensation for Water Rights Transferred in Exchange for Water Service Acosta v. Big Bear Community Serv. Dist. ___Cal.App.4th___, Case No. E033363 (4th Dist. March 10, 2004). | |
May 2004: Groundwater versus Surface Water: Idaho Develops a Temporary Legislative Solution | |
April 2004: Los Osos Community Services District Files Suit for Adjudication of Rights to Los Osos Groundwater Basin | |
December 2003: Washington’s Pollution Control Hearings Board Limits Transferability of Groundwater Rights Familigia LLC v. Washington State Dept. of Ecology PCHB No. 03-072 (Oct. 31, 2003). | |
November 2003: Colorado Supreme Court Holds that the Anti-Speculation Doctrine Applies to the Allocation and Administration of Designated Ground Water Located within the Denver Basin Aquifers Colorado Ground Water Commission v. North Kiowa- Bijou Ground Water Management District Case No. 02SA216. Slip Op. (Colo. Sept. 8, 2003). | |
October 2003: Colorado Supreme Court Reverses Award of Attorney Fees in Voluntary Dismissal of Water Right Applications When Dismissal Was With Prejudice Groundwater Appropriators of the South Platte River Basin, Inc. v. The City of Boulder 73 P.3d 22 (Colo. 2003). | |
August/September 2003: Second District Court of Appeal Upholds Denial of Motion to Equitably Apportion Unused Storage Capacity in Adjudicated Groundwater Basin Central and West Basin Water Replenishment District v. Southern California Water Company, et al. 109 Cal.App.4th 891 (2nd Dist. June 3, 2003). | |
July 2003: 46th Arizona Legislature Passes Seven Water- Related Bills | |
June 2003: Colorado Supreme Court Pounds Nails into the Coffin of the State Engineer-Approved Temporary Substitute Supply Plans Hal D. Simpson v. Bijou Irrigation Co., et al. Case No. 02SA377, Slip Opinion issued April 30, 2003 | |
February 2003: Colorado Water Judge Voids State Engineer Well Regulations Concerning the Proposed Amended Rules and Regulations Governing the Diversion and Use of Tributary Ground Water in the South Platte River Basin, Case No. 02 CW 108 (Colorado District Court, Water Division One, Order of Dec. 23, 2002). | |
February 2003: After the Pala/Pauma Decision: Criteria for Classifying Groundwater as Subterranean Streams or Percolating Groundwater | |
December 2002: Nevada State Engineer Grants Applications to Change Groundwater Rights in the Carbonate-Rock Aquifer System in Southern Nevada | |
November 2002: California State Water Resources Control Board to Adopt Decision on Groundwater Classification in the Pauma and Pala Basins of the San Luis Rey River | |
October 2002: Arizona Appeals Court Halts Suit to Overturn Arizona's Groundwater Code and Extend the Public Trust Doctrine to Water Flowing in Streams and Groundwater Connected to Those Streams Home Builders Ass’n v. Katz Case No.CA-SA 02-0168,(Order,Sept.12,2002). | |
October 2002: State Court: Colorado Supreme Court Clarifies that for Ground-water Used Conjunctively, Historic Use of the Ground-water Right Is Necessary for Change to that Right The State Engineer and the Division Engineer for Water Division 3 v. Bradley ___P.3d___,Case No.01SA295 (Colo.Sept.9,2002). | |
September 2002: CALIFORNIA: Groundwater Management, Conjunctive Use and Water Banking | |
September 2002: COLORADO: Groundwater Management, Conjunctive Use and Water Banking | |
September 2002: TEXAS: Groundwater Management, Conjunctive Use and Water Banking | |
September 2002: NEW MEXICO: Groundwater Management, Conjunctive Use and Water Banking | |
September 2002: IDAHO: Groundwater Management, Conjunctive Use and Water Banking | |
September 2002: OREGON: Groundwater Management, Conjunctive Use and Water Banking | |
September 2002: UTAH: Groundwater Management, Conjunctive Use and Water Banking | |
September 2002: NEVADA: Groundwater Management, Conjunctive Use and Water Banking | |
July 2002: Groundwater Management in California: The Sax Report and Beyond | |
June 2002: Settlement Agreement Finalized in Historic Santa Margarita River Water Rights Dispute Rancho Santa Margarita v. Vail, San Diego County Superior Court Case No. 42850; United States of America v. Fallbrook Public Utility District, et al. U.S. District Court, Southern District of California, Civ. No. 1247-SD-T. | |
May 2002: NEVADA: State Engineer Issues Order on Proposed Appropriations from the Carbonate-rock Aquifer System in Southern Nevada | |
March 2002: Long-Awaited Report on the State Water Resources Control Board's Permitting Authority Relative to Groundwater Issued | |
March 2002: Calaveras Country Passes Ordinance Regulating the Extraction and Transfer of Groundwater | |
January 2002: IDAHO: Following Groundwater Settlements, the Attorney General Files Motion Seeking Expedited Hearing before Snake River Adjudication Court | |
November 2001: Captured Urban Runoff, Drained Groundwater, and Salvaged, Waste and Return Flows: Whose Water Is It? | |
November 2001: California State Water Resources Control Board Concludes Workshops on Test for Classification of Groundwater | |
October 2001: Mitigation Credits and Banking: Market-based Strategies for Addressing Hydraulic Connection in Oregon's Deschutes Basin | |
April 2001: Oregon: State Court of Appeals Affirms Water Resources Department Decision Concerning Pending Land Use Approvals Skrepetos v. Oregon Water Resources Department 172 Or.App 9,___P.2d___, (Or. App., Jan. 17, 2001) | |
April 2001: Long-Awaited Water Payday Arrives for Bexar County Catfish Farmer; Case Sparks Unprecedented Changes in Texas Groundwater Law | |
February 2001: A Wrap-Up of Water Legislation 2000 |
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Groundwater Basin Adjudication |
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Groundwater Basin Overdrafting |
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Groundwater 'Certificates of Registration' |
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Groundwater Credits |
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Groundwater Extraction Notices |
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Groundwater "Operating Safe Yield" |
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Hydrologically Connected Surface and Groundwater |
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Illegal Diversions and Pumping |
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Indian Tribes |
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May 2009: Supreme Court Holds Water Licensee’s Due Process Rights Intact Where Prosecutor also Served as Advisor to Licensing Board Morongo Band of Mission Indians v. State Water Resources Control Board 45 Cal.4th 741 (2009) | |
February 2009: The Long Awaited and Controversial North Idaho Adjudication Begins Taking Claims | |
February 2009: White Mountain Apache Tribe Settles Arizona Salt River Water Claims | |
December 2008: Tribal Groups Revive Potential Adjudication of Santa Margarita River U.S. v. Fallbrook Public Utility District 1247-SD-C (S.D. Cal.) | |
June 2008: News from the West | |
May 2008: Klamath Basin Restoration Agreement: An Attempt to Realize the Goals of the Fifty-Year-Old Klamath River Compact | |
May 2008: Idaho Irrigators and Water Users Cautiously Optimistic Regarding Recent Salmon Recovery Settlements National Wildlife Federation v. National Marine Fisheries Service CV-01-00640-RE (D. Or.) | |
January 2008: District Court Resolves Jurisdictional Impasse in De Novo Review of Utah State Engineer Decisions Roosevelt City v. Jerry D. Olds, State Engineer, ___ F.Supp.2d___ 2:07CV443TC (D. Ut. 2007) | |
January 2008: Ninth Circuit Issues Latest Alpine Decision Regarding Transfer Applications of Water Rights within Newlands Reclamation Project U.S., et. al. v. Alpine Land and Reservoir Co., et. al, ___F.3d___ 99-16812 (9th Cir. Dec. 7, 2007) | |
January 2008: Arizona Supreme Court Approves Settlement of Federal Water Rights Claims of the Tohono O’odham Nation In re the General Adjudication of All Rights to Use Water In the Gila River System and Source WC-07-0002-IR (Az Nov. 30, 2007) | |
January 2008: District Court Approves Historic Groundwater Settlement between Washington State and Lummi Indian Nation U.S. and Lummi Indian Nation v. Washington Department of Ecology, ___F.Supp.2d___ C01-0047Z (W.D. Wash. Nov. 20, 2007) | |
April 2007: District Court Rejects Tribal Claim against City of Los Angeles Regarding 1941 Land Exchange and Water Rights Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony California v. City of Los Angeles 1:06cv736, unpublished op. (E.D. Cal. Feb 14, 2007) | |
February 2007: Temecula-Area Groundwater Basin to be Administered Jointly by Rancho California Water District and Pechanga Band of Luiseño Indians | |
February 2007: Next Steps in the Klamath Adjudication: Quantifying Tribal Reserved Water Rights in the Klamath Basin | |
January 2006: Washington Hearings Board Affirms Department of Ecology’s Authority to Issue New Groundwater Rights with Mitigation Squaxin Island Tribe v. Dept. of Ecology and Miller Land and Timber LLC, PCHB 05-137(Order on Motions, May 19, 2006 and Modified Findings of Fact, Conclusions of Law, and Order, Nov. 20, 2006) | |
January 2006: Arizona Superior Court Enters Judgment and Decree Approving the Zuni Water Rights Settlement In Re: The General Adjudication of All Rights to Use the Little Colorado River System and Source 6417-200 (Apache County Superior Ct. Nov. 27, 2006) | |
January 2006: Developments in the Law of Groundwater in Montana |
November 2006: Did the D.C. Circuit Strike a Knockout Punch to the Hydroelectric Power Industry? City of Tacoma v. Federal Energy Regulatory Commission, ___F.3d___ 05-1054 (D.C. Cir. Aug. 22, 2006) | |
October 2006: City of Seattle and Muckleshoot Tribe Reach Historic Watershed Settlement Agreement | |
October 2006: New Court Challenge Filed over Virginia’s King William Reservoir Challenging the Corps’ Issuance of a Clean Water Act Dredge and Fill Permit Alliance to Save the Mattaponi, et al. v. U.S. Army Corps of Engineers 06-1337, filed July 17, 2006, District of the District of Columbia | |
June 2006: News from the West Strawberry Water Users Association v. United States and Central Utah Water Conservancy District, ___F.Supp.2d___ 2:01-CV-0295BSJ (D. Ut. March 3, 2006); In re the General Adjudication of All Rights to Use Water in the Gila River System and Source, 127 P.3d 882 (Ariz. 2006) (Gila VI); Canal developments in California | |
May 2006: News from the West Barnes v. Hussa, 136 Cal.App.4th 1358 (Cal.App. 2006); Arizona v. California, 547 U.S.___ 8, orig. (March 27, 2006) | |
May 2006: District Court Grants, in Part, EPA’s Motion for Judgment on the Pleadings as to Claims Related to Setting of Phosphorous Discharge Standards under the Clean Water Act Miccosukee Tribe of Indians v. United States, ___F.Supp.2d___ 04021448 (S.D. Fl. Feb. 16, 2006) | |
April 2006: Arizona Supreme Court Rules that a 1935 Federal Consent Decree Has a Preclusive Effect on Water Claims by Tribe to Additional Water the Gila River, but Not on Water from Its Tributaries In re the General Adjudication of All Rights to Use Water in the Gila River System and Source 127 P.3d 882 (Ariz. 2006) (Gila VI) | |
March 2006: State Water Resources Control Board Administrative Procedures Fail to Safeguard Constitutional Due Process Requirements Morongo Band of Mission Indians v. State Water Resources Control Board 04cs00535 (Sacramento Co. Super. Ct. Jan. 18, 2006, writ issued Feb. 1, 2006) | |
March 2006: Backpumping into Lake Okeechobee on Trial in United States District Court Friends of the Everglades, Inc., et al. v. South Florida Water Management District, et al 02-80309-CIV (S.D. Fl. in trial as of Feb. 10, 2006) | |
January 2006: Ninth Circuit Upholds Nevada State Engineer’s Determination Under Orr Ditch Decree United States et al v. Truckee-Carson Irrigation District et al., ___F.3d___ CV-73-00003-LDG, Equity A-3 (9th Cir. Nov. 21, 2005) | |
January 2006: Virginia Supreme Court Deals with Pre-National Indian Treaty Rights Alliance to Save the Mattaponi v. Commonwealth of Virginia, ___S.E.2d___ 042196, 042198, 042826 (Va. Nov. 4, 2005) | |
November 2005: Washington Department of Ecology Adopts New Water Management Rule | |
May 2005: District Court in California Dismisses Yurok Tribe’s Claim Regarding Federal Reserved Water Rights Pacific Coast Federation of Fishermen’s Associations, et al. v. United States Bureau of Reclamation, et al., ___ F.Supp.2d___ C 02-02006 SBA (N.D. Cal. March 8, 2005) | |
May 2005: The 75-Year Litigation over the Cushman Hydroelectric Project: Ninth Circuit Dismisses Skokomish Tribe’s Damages Claims against the United States and City of Tacoma Skokomish Indian Tribe v. United States, ___F.3d___ 01-35028 (9th Cir. March 9, 2005) | |
May 2005: 2005 Idaho Legislature Ends Session with Several Water Bills Passed | |
March 2005: NEVADA: Interstate and International Water Issues | |
February 2005: Court of Federal Claims Decides that Dedication of Property for Wetlands Mitigation Is Not A Taking under the Fifth Amendment Norman v. United States, ___Fed.Cl.___, Case No. 95-667L (Fed. Cl. Ct. Dec. 10, 2004). | |
February 2005: Idaho Legislature Faces Difficult and Busy Session. | |
December 2004: State and Federal Officials Agree to Coordinate Resource Management Efforts in Klamath Basin | |
December 2004: New Mexico Federal District Court Issues Memorandum and Order in Jemez River Adjudication on the Indian Pueblos’ Water Use Claims United States v. Abousleman, et al. 83cv01041 MV, Mem. Op. and Order (D. N.M. filed Oct. 4, 2004) | |
November 2004: Arizona Water Settlements Act a Few Steps Closer to Reality | |
October 2004: Ninth Circuit Reverses Summary Judgment Decision on Trinity River Flows Westlands Water District v. U.S. Dept. of the Interior, Hoopa Valley Tribe, et al. 376 F.3d 853 (9th Cir. 2004) | |
August 2004: Plan to Restore Flows in the Trinity River Survives Challenge, with Implications for Rivers and Streams Throughout the West Westlands Water District et al. v. Hoopa Valley Tribe et al., ___F.3d___ (9th Cir. July 13, 2004) | |
August 2004: Nevada State Engineer Denies Paiute Indian Tribe’s Application for Temporary Change of Previously Appropriated Water where Tribe Owns Water Rights but Not Appurtenant Land | |
July 2004: Snake River Basin Adjudication Parties Agree to Settlement Regarding Nez Perce Tribe’s Water Right Claims. | |
January 2004: Ninth Circuit Holds that Nevada State Court Retains Jurisdiction over Water Rights Decree It Has Entered Pursuant to State Law State Engineer of Nevada v. South Fork Band of Te-Moak 339 F.3d 804 (9th Cir. 2003). | |
January 2004: Indian Band and Major Water Bottling Company Defend Right to Bottle Spring Water | |
September 2003: Nevada: Issues Facing the State’s Rivers and Streams | |
September 2003: Arizona: Issues Facing the State’s Rivers and Streams | |
August 2003: In Idaho, Snake River Basin Adjudication District Court to Consider “Who Owns the Water Right | |
August 2003: District Court Rejects New Mexico’s Request for Order Enjoining Pojoaque Pueblo from Using Water for Second Ten-Hole Golf Course and Resort Hotel New Mexico v. Aamodt ___F.Supp.2d___, Case No. 66cv06639 MV-LCS-ACE (D. N.M. June 30, 2003). | |
July 2003: 46th Arizona Legislature Passes Seven Water- Related Bills | |
May 2003: Indian Water Rights Settlements: The Arizona Landscape | |
May 2003: State of Utah Settles Reserved Water Rights Claims of the Shivwits Band of Paiute Indian Tribe | |
December 2002: Bill Introduced to Settle Arizona's Gila River Indian Community Water Rights Claims | |
July 2002: Idaho Supreme Court Dismisses Appeal in Tribal Reserved Water Rights Case In re SRBA Case No. 39576 Subcase No. 03-10022, Nez Perce Tribe Off-Reservation Instream Flow Claims, 2002 Idaho Supreme Court Opinion No. 69 (Idaho June 4, 2002) | |
January 2002: ARIZONA: Supreme Court Rules on Federal Water Rights Quantification In re the General Adjudication of All Rights to Use Water in the Gila River System and Source No. WC-90-0001IR (Az. Nov. 26, 2001) | |
July 2001: Federal/Oregon: District Court Denies Klamath Farmers' Request For Injuction Preventing Implementation of Bureau's 2001 Operations Plan Kandra v. United States ___F.Supp.2d___,Civ.No.01-6124-AA,2001 (D. Or. April 30, 2001) | |
May 2001: United States Supreme Court Unanimously Rules that Government must Release Correspondence Between Klamath Basin Tribes and the Interior Department Department of The Interior V. Klamath Water Users Protective Association 532 U.S.__Case No.99-1871 (March 5, 2001). | |
May 2001: United States Supreme Court Unanimously Rules that Government Must Release Correspondence between Klamath Basin Tribes and the Interior Department Department of The Interior V. Klamath Water Users Protective Association __Case No.99-1871 (March 5, 2001) | |
April 2001: Federal/New Mexico: Federal Court Ruling Sets Forth Parameters on Rio Pojoaque Pueblos' Water Rights in Northern New Mexico State of New Mexico v. Aamodt ___F.Supp.2d___,Civ No.66-06639 M-ACE,Order, Jan. 31, 2001 (D.N.M.) | |
March 2001: Former Secretary of the Interior Babbitt's Trinity River Decision under Attack |
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Instream Water Rights |
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Inter-Basin Transfers |
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International Disputes |
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Internet |
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Interstate Water Compacts |
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Interstate Water Transfers |
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Irrigation Districts |
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Jurisdiction |
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Klamath Basin Restoration Agreement of 2008 |
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Klamath River |
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Klamath River Basin |
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Klamathe Basin Adjudication |
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Lakes |
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Land Acquistion |
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Land Foreclosure |
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Landlord and Tenant Rights |
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Law of the River |
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Legal Conferences |
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Legal Education Conferences |
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Legislation |
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Malheur National Wildlife Refuge |
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Memphis Sands Aquifer |
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April 2008: aaa aaa aaa |
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Mineral Leases |
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Mojave River Adjudication |
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Monterey Agreement/Monterey Amendments |
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Moratorium |
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Municipalities |
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January 2009: Utah’s Legislature Preparing for 2009 General Sessions—Prefiled Water Bills to Watch | |
December 2008: Washington Court of Appeals Affirms Water Rights Relinquishment and Rejects Exemptions City of Union Gap and Ahtanum Ridge Business Park, LLC, v. Washington Department of Ecology, ___P.3d__ _ 26555-2-III (Div. 3 Wash.App. Nov. 13, 2008) | |
November 2008: News from the West | |
October 2008: Washington’s Municipal Water Law Appealed to State Supreme Court Lummi Indian Nation, et al. v. State of Washington, et al., and Joan Burlingame, et al. v. State of Washington, et al. 06-2-40103-4 and 06-2-28667-7 (King Co. Superior Court.) | |
October 2007: Maine High Court Holds Bottled Water Company Prevails over Adjacent Land Owners Griswold v. Town of Denmark OXF-06-534 (Maine July 24, 2007) | |
January 2006: New Mexico Court of Appeals Affirms District Court Recognition of Municipal Authority to Prohibit Drilling of Domestic Wells Permitted by State Engineer Stennis v. City of Santa Fe 143 P.3d 756, 2006 NMCA 125 (N.M.App., Revised Op. Oct. 11, 2006) | |
August 2006: Washington Department of Ecology Issues Policy Statement Clarifying Department’s Position on 2003 Municipal Water Right Legislation | |
August 2006: New York Supreme Court Holds that Riparian Owners Enjoy Access to Navigable Waters even if that Right Exceeds the Rights Granted by the Regulating Municipality Muraca v. Meyerowitz 003241/05 (N.Y. July 10, 2006) | |
June 2006: Oregon Water Resources Commission Considers Request for Reservation of Water for Future Municipal Use | |
February 2005: Oregon Supreme Court Set to Decide Crucial Municipal Water Rights Case | |
January 2005: Two Arizona Cities Reach Agreement for Groundwater Transfers | |
January 2005: Texas Water District and Land Owners Reach Historic Settlement of Dispute over Control of Lakefront Property | |
November 2003: Texas City Has No Common Law Right to Reclaim Treated Effluent Discharged into River City of San Marcos v. Texas Commission on Environmental Quality Case No. 03-02-00724-CV (Tex. App. Aug. 29, 2003) (motion for rehearing en banc pending). | |
July 2003: Washington Legislature Passes Major Water Legislature in Eleventh Hour | |
February 2003: New Mexico Court of Appeals Addresses Contract Water Issues: Laches Precludes Use of Technical Non-Compliance With Water Law to Void Decades Old Municipal Water Contracts Village of Wagon Mound v. The Mora Trust v. Earl Berlier and Glenda Berlier and Wagon Mound Ranch L.L.C., Case Nos. 21,827, 21,917. (N.M. App.) | |
June 2002: Oregon Grapples with New Rules for Municipal Water Rights |
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Natural Disasters |
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Navigable Waters |
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Nevada Vested Pre Statutory Rights |
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Newlands Reclamation Project |
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No Injury Rule |
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Non-Navigable Waters |
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Non-Vested Water Rights |
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Notice Provisions |
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Physical Solution Doctrine |
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Pre 1909 Priority Water Rights |
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Pre- 1914 Water Rights |
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Prescriptive Rights |
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Prior Appropriation Doctrine |
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August 2007: Colorado Water Court Rules Produced Water from Coalbed Methane Extraction Subject to Prior Appropriation Doctrine and State Administration Vance v. Simpson 05CW063, (Colorado District Court, Water Division 7, July 2, 2007) | |
May 2007: Idaho Supreme Court Suggests that First in Time Is Not Necessarily First in Right | |
February 2007: Legal Classifications for Colorado Surface Water Rights Hinge on Showing of Hydrologic Connection with Ground Water Gallegos v. Colorado Ground Water Commission 05SA253 (Colo. Nov. 6, 2006) | |
December 2006: Idaho Supreme Court Hearing Nears in Ongoing Battle between Surface and Ground Water Users American Falls Reservoir District No. 2, A &B Irrigation District, et al. v. Idaho Department of Water Resources, et al. 33249/33311/33399, oral argument, December 8, 2006 (Idaho Supreme Court) |
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Priority |
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October 2006: On Remand, District Court Withdraws Previous Findings of Fact and Conclusions of Law and Adopts New Definition of Hydraulic Connection between Ground and Surface Water Herrington v. State of New Mexico ex rel. Office of the State Engineer 133 P. 3d 258 (D. N.M. 2006) | |
April 2006: In the Absence of Injury to Other First Priority Water Rights Holders, a Party May Put Her Entire Allotment to Any Benefiicial Use Barnes v. Hussa, ___Cal.App.4th___ C049163 (3rd Dist. Feb. 24, 2006) | |
April 2006: The City of Central Decision and the Future Administration of Colorado Water Rights | |
February 2005: Idaho Legislature Faces Difficult and Busy Session. | |
November 2004: Washington’s Department of Ecology’s Water Resources Program Adopts Policy Guidance for Tentative Determinations on Water Rights. | |
October 2004: Motions for Summary Judgment Pending against Colorado State Engineer Seeking Determination of “Senior First Rule” and “Selective Subordination” Principles of Water Rights City of Golden v. State and Division Engineer for Water Division 5, et al., Colorado Water Court 03CW176, Water Division 5 | |
April 2004: Colorado Supreme Court upholds State and Division Engineers’ Curtailment of the City of Golden’s Municipal Direct Flow Rights During 2002 Drought City of Golden v. Hal D. Simpson, et al 83 P.3d 87 (Colo. 2004). | |
October 2003: Superior Court Concludes that the State Water Resources Control Board Improperly Disregarded “Legislatively Established Priorities” to Water Rights El Dorado Irrigation District v. State Water Resources Control Board Case Nos. 01 CS01319, 01CS01321 and 01CS01327 (Sac. Superior Ct. July 31, 2003). |
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Public Trust Doctrine |
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October 2008: Twenty-five Years Later, What if the Public Trust Requires that We Kill Fish? | |
October 2008: California Attorney General Opines in Correspondence to Delta Vision Task Force on How to Reallocate California’s Water | |
October 2008: Huge New Jersey Redevelopment Project Allowed to Proceed Despite Filling in Tidal Wetlands In the Matter of Proposed Xanadu Redevelopment Project, Consolidate A-0674-04T1 / A-0688-04T1 (N.J.App. Sept. 17, 2008) | |
May 2008: Sportfishing Alliance and C-WIN Petition SWRCB Invoking Public Trust Doctrine, Challenging Diversions and Use of Delta Water Supplies | |
January 2008: Bring Us Law to Match Our Rivers | |
May 2006: The Robie Decision and the Future of California Water Law | |
October 2002: Arizona Appeals Court Halts Suit to Overturn Arizona's Groundwater Code and Extend the Public Trust Doctrine to Water Flowing in Streams and Groundwater Connected to Those Streams Home Builders Ass’n v. Katz Case No.CA-SA 02-0168,(Order,Sept.12,2002). | |
July 2002: Groundwater Management in California: The Sax Report and Beyond | |
October 2001: Lawsuit Filed by City of Lake Elsinor to Compel Water District to Release of Water Supplies for Recreational Use City of Lake Elsinore v. Elsinore Valley Municipal Water District Case No. 35967, first amended petition filed Aug. 20, 2001 (Riverside County Superior Court). | |
July 2001: Is Water Ripe for the Taking? The SWRCB's Lower Yuba River Decision and the Public Trust Doctrine | |
May 2001: Arizona: Court of Appeals Invalidates Legislature's Attempt To Disclaim Title to Lands Underlying Watercourses Defenders of Wildlife v. Hull 1 CA-CV 99-0624 (Order, Ariz, App. Feb. 13, 2001) |
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Public Welfare Doctrine |
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Publicly Owned Treatment Works |
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Pueblo Water Rights Doctrine |
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Pueblos |
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Quantification Agreement |
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February 2009: Farmers Sue Irrigation District after District Approves a Water Shortage Plan that Prioritizes Municipal and Industrial Uses Abatti, et. al v. Imperial Irrigation District ECU04899, filed Dec. 18, 2008 (Imperial Cnty Super Ct) | |
April 2008: Peace in Our Time on the Colorado River, at Least for the Duration—Secretary of the Interior Approves Far-Reaching Guidelines for the Colorado River | |
April 2008: Superior Court Dismisses Court Challenge of Quantification Settlement Agreement Quantification Settlement Agreement Coordinated Special Proceeding JC4353, Sacramento Superior Court | |
March 2008: U.S. Bureau of Reclamation Finalizes Guidelines for Colorado River Shortages and Reservoir Coordination | |
December 2007: The QSA Cases Finally Take the Stage in the Next Act of Southern California’s Fight over Colorado River Water Quantification Settlement Agreement Coordinated Special Proceeding JC 4353. Sacramento County Superior Court | |
August 2007: Appellate Victory a Step Forward for the Quantification Settlement Agreement As Imperial County Petitions for Rehearing County of Imperial v. Superior Court of Sacramento County, et al. 152 Cal.App.4th 13 (3rd Dist. 2007) | |
July 2007: Imperial Irrigation District Releases Efficiency Conservation Definite Plan Final Report | |
February 2007: Imperial County Farm Bureau Calls for Class Action Regarding the Quantification Settlement Agreement | |
May 2006: News from the West Barnes v. Hussa, 136 Cal.App.4th 1358 (Cal.App. 2006); Arizona v. California, 547 U.S.___ 8, orig. (March 27, 2006) | |
March 2006: Forging Solutions on the Colorado River | |
January 2006: Imperial Irrigation District Announces Intent to Halt New Water Tranfers | |
October 2005: Mexicali Farmers Sue to Stop Lining of All-American Canal Consejo de Desarrollo Economico de Mexicali, A.C. v. United States of America, et al. CV-S-05-0870-KJD-PAL, filed July 19, 2005 (D. Nev.) |
July 2005: Nine Lawsuits Plague Colorado River Quantification Settlement Agreement | |
March 2004: Imperial Irrigation District Buys Land in Attempt to Fulfill Quantification Settlement Agreement Obligation | |
February 2004: Imperial Irrigation District Implements Emergency Fallowing Program Making Water Available for Transfer to San Diego | |
November 2003: California Agreement on Colorado River Water Transfer Signed at Last | |
June 2003: Arizona Legislature Agrees to Forego Colorado River Surplus Entitlement in Exchange for Shortage Indemnity by Metropolitan Water District | |
June 2003: Federal Court Remands Determination of IID's Reasonable and Beneficial Water Use to U.S. Department of Interior Imperial Irrigation District v. Norton, et al. ___F.Supp.2d___, Case No. 03CV0069W (JFS), filed Jan. 10, 2003 (S.D. Cal.) | |
May 2003: Federal Court Enjoins U.S. Interior Department from Cutting California's Imperial Irrigation District's Colorado River Water Imperial Irrigation District v. United States, Gale Norton, et al. Case No. 03CV0069W (JFS), filed Jan. 10, 2003 (S.D. Cal). |
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Quiet Title Actions |
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Rainwater |
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Rates and fees |
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Reasonable Use Doctrine |
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Reclaimed Wastewater |
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Reclaimed Water |
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Recreation Rights |
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Relinquishment |
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December 2008: Washington Court of Appeals Affirms Water Rights Relinquishment and Rejects Exemptions City of Union Gap and Ahtanum Ridge Business Park, LLC, v. Washington Department of Ecology, ___P.3d__ _ 26555-2-III (Div. 3 Wash.App. Nov. 13, 2008) | |
August 2008: News from the West | |
December 2006: On Appeal from Department of Ecology Decision, Washington State Pollution Control Hearings Board Announces New Rule for Avoiding Relinquishment Due to Water ‘Unavailability’ Ege v. Ecology PCHB No. 05-033 (2006) | |
March 2006: News From the West Brady v. Abbott Laboratories, 433 F.3d 679 (9th Cir. 2005); Goodrich v. United States, ___F.3d___ 05-5047 (D.C. Cir. 2006); City of Union Gap v. Washington State Dept. of Ecology, Wash. PCHB No. 05-078 (2006) | |
February 2006: Washington State Pollution Control Hearings Board Affirms Relinquishment of Water Rights Sought for Municipal Use City of Union Gap and Ahtanum Ridge Business Park v. Ecology, PCHB 05-078 (Jan. 5, 2006) |
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Reserved Water Rights |
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June 2009: Arizona Supreme Court Finds Deed Reservations of Potential Future Use of Groundwater Invalid Davis v. Agua Sierra Resources LLS 203 P.3d 506 (Az. 2009) | |
June 2009: News from the West | |
June 2007: News from the West | |
April 2007: San Juan River Adjudication Update: New Mexico District Court Rules that School Trust Lands Do Not Have Implied Federal Reserved Water Rights State of New Mexico, ex rel. State Engineer v. U.S., et al. D-1116-CV-75-184 (N.M App. Feb. 20, 2007) | |
February 2007: Next Steps in the Klamath Adjudication: Quantifying Tribal Reserved Water Rights in the Klamath Basin | |
November 2006: Federal District Court Rejects U.S-Colorado Compromise Regarding Federal Reserved Water Rights for Gunnison National Park’s Black Canyon | |
June 2006: Oregon Water Resources Commission Considers Request for Reservation of Water for Future Municipal Use | |
June 2005: Arizona Court Prepares to Examine Federal Reserved Water Rights for State Trust Lands | |
May 2005: District Court in California Dismisses Yurok Tribe’s Claim Regarding Federal Reserved Water Rights Pacific Coast Federation of Fishermen’s Associations, et al. v. United States Bureau of Reclamation, et al., ___ F.Supp.2d___ C 02-02006 SBA (N.D. Cal. March 8, 2005) | |
May 2005: The 75-Year Litigation over the Cushman Hydroelectric Project: Ninth Circuit Dismisses Skokomish Tribe’s Damages Claims against the United States and City of Tacoma Skokomish Indian Tribe v. United States, ___F.3d___ 01-35028 (9th Cir. March 9, 2005) | |
November 2004: Arizona Water Settlements Act a Few Steps Closer to Reality | |
August 2003: In Idaho, Snake River Basin Adjudication District Court to Consider “Who Owns the Water Right | |
May 2003: State of Utah Settles Reserved Water Rights Claims of the Shivwits Band of Paiute Indian Tribe | |
January 2002: ARIZONA: Supreme Court Rules on Federal Water Rights Quantification In re the General Adjudication of All Rights to Use Water in the Gila River System and Source No. WC-90-0001IR (Az. Nov. 26, 2001) | |
November 2001: IDAHO: United States Declines to Appeal State Supreme Court Federal Reserved Rights Decision | |
April 2001: Idaho: Supreme Court Finds No Federal Reserved Water Right for the Deer Flat National Wildlife Refuge SRBA Case No. 39576, Fish and Wildlife Service SRBA Subcase No. 02-10063, United States v. State 01.6 ISCR 204 (ID. Feb. 22, 2001) |
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Retroactive Filings |
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February 2005: Utah Supreme Court Rules on Impact Fees andon Retroactive Extension for Filings in Adjudication Proceeding Washington County Water Conservancy District v. Keystone Conversions, (Utah 84 2004) In the matter of the General Determination of Rights to the use of Water, Both Surface and Underground, within the Drainage Area of the Price River and the Drainage Area of the Green River from the Confluence of the Price and Green Rivers to the Confluence of the Green and the Colorado Rivers, Case No. 20030156 (Utah 106 Dec. 21, 2004). |
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Return Flows |
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Rio Grande |
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Riparian Rights |
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November 2008: Illinois Supreme Court Addresses Riparian Water Rights to Artificial Water Bodies and Historic ‘Ownership’ of Water Beds in Non-Navigable Waters Alderson v. Fatlan, ___Ill.___ 104772 (Ill. Sept. 18, 2008) | |
August 2008: New York Trial Court Finds New York City Has Riparian Rights through Industrial Park City of New York v. Gowanus Industrial Park 19083/05 (N.Y. Supreme Court, Kings County, June 27, 2008) | |
July 2008: New Jersey Appellate Division finds Property Boundaries Determined by Waterline Requires Testimony Rather than Mere Documentary Evidence Kenneth Ernst and Nancy Ernst v. Hawkins A-5431-06D1 (N.J.App.Div. April 28, 2008) | |
July 2008: Connecticut Appellate Court Skirts Riparian Water Rights Issue to Find Land Owner’s Dock on Water Body in Violation of Building Permit Ertel v. Rocque, Jr., Commissioner of Environmental Protection 27488 (108 Conn.App. 48) (Conn. App. May 27, 2008) | |
July 2008: News from the West | |
May 2008: Riparian Rights Confirmed in 1905 Compact Does Not Preclude Delaware from Rejecting New Jersey Liquefied Natural Gas Terminal along and into Delaware River State of New Jersey v. State of Delaware, ___U.S.___ 134, (U.S. March 31, 2008) | |
July 2007: Connecticut Supreme Court Denies Landowner Right to Install Dock Pursuant to Water Easement Stefanoni v. Duncan 107585 (Conn. June 17, 19, 2007) | |
June 2007: New Jersey Supreme Court Draws Hard Line between Riparian Rights and a Riparian Grant Panetta v. Equity One, Inc. A-2/3-06 (N.J. May 1, 2007) | |
August 2006: New York Supreme Court Holds that Riparian Owners Enjoy Access to Navigable Waters even if that Right Exceeds the Rights Granted by the Regulating Municipality Muraca v. Meyerowitz 003241/05 (N.Y. July 10, 2006) | |
May 2006: Ohio Supreme Court Rules that State Lacked Authority to Convey Cuyahoga River Water Rights to the City of Akron Portage County Board of Commissioners v. Akron, 2006-Ohio-954, ___N.E.2d___ 2004-0783 (Ohio Mar. 6, 2006) | |
January 2006: Georgia Court of Appeals Explains Responsibilities of Dam Operators to Owners Surrounding Artificial Lake Bishop Eddie Long Ministries, Inc. v. Dillard, 272 Ga.App. 894, 613 S.E.2d 673, 5 FCDR 1110 (2005) | |
January 2006: Michigan Court of Appeals Limits Groundwater Pumping for Nestlé’s Bottled Water Plant Michigan Citizens for Water Conservation v. Nestlé Waters North America Inc., ___Mich.App.___ 254202(Mich. App. Nov. 29, 2005) | |
April 2004: Statewide Water Right Adjudication—Is it time for Washington to Follow Suit? |
February 2004: The Nation’s Water Wars Head East | |
May 2003: Riverside County Resident Causes Waves by Selling Local Spring Water to Bottling Companies |
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River Restoration |
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Rule of Capture |
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Salvaged Water |
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San Joaquin River |
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San Joaquin River Settlement Agreement of 2006 |
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San Juan River Adjudication |
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Scenic Waterways |
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Selective Subordination Rule |
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Senior First Rule |
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Severance |
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Snake River Basin |
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State Owned Lands |
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Stockwater Rights |
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Stream Adjudication |
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Streamflows |
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Subordiantion Agreements |
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Surface Water |
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Sustainable Water Supply |
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Swan Falls Agreement for the Snake River |
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Takings Claims |
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Templeton Doctrine |
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Term 91 Prohibition Against Water Diversions |
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Transfers |
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March 2009: Washington Legislature Considers Report on Downstream Water Right Transfers | |
February 2009: Environmental Groups Threaten Suit over Loss of Rice Crop Habitat from Short-Term Water Transfers | |
June 2008: Oregon Supreme Court to Decide if Landowner Is Entitled to Pursue Water Rights Transfer without Irrigation District Consent Fort Vannoy Irrigation District v. Oregon Water Resources Commission 214 Or. App. 88, 162 P.3d 1066 (2007) (A130508) (S55356) (S55361), review granted, Oregon Supreme Court (2008) | |
June 2008: Environmental Group Challenges Crop Idling Water Transfer Program as Potentially Harmful to Fish Habitat and Water Quality in the Delta Butte Environmental Council v. Richvale Irrigation District 143130, filed April 23, 2008, (Butte County Superior Court) | |
March 2008: Colorado ‘Super Ditch Company’—A Lower Arkansas Valley Effort to Preserve Agricultural Water Rights | |
January 2008: Metropolitan Water District of Southern California Seeks Water Transfer Options for 2008 and Beyond | |
January 2008: Superior Court Denies Challenge to EIR for Water Acquisition from Kern County Water Banking and Recovery Program California Water Impact Network, et al. v. Castaic Lake Water Agency, et al. BS106546, Los Angeles County Super. Ct., Nov. 19, 2007 | |
January 2008: Ninth Circuit Issues Latest Alpine Decision Regarding Transfer Applications of Water Rights within Newlands Reclamation Project U.S., et. al. v. Alpine Land and Reservoir Co., et. al, ___F.3d___ 99-16812 (9th Cir. Dec. 7, 2007) | |
November 2007: New Mexico District Court Orders De Novo Appeal in Northern New Mexico Acequia Lawsuits Challenging Acequias’ Authority to Deny Water Transfers Peña Blanca Partnership v. San Jose de Hernandez Community Ditch and Cook v. La Acequia del Gavilan (N.M. 1st Dist. Oct. 10, 2007) | |
November 2007: Yakima County Superior Court Affirms Relinquishment of Water Rights Sought by City City of Union Gap and Ahtanum Ridge Business Park, LLC, v. Washington Department of Ecology 06-2-00271-6 (Yakima County Superior Court, Oct. 9, 2007) | |
November 2007: Second District Court Applies Vineyard Principles for the First Time in Approving County’s Water Supply Analysis Santa Clarita Organization For Planning The Environment, et al. v. County of Los Angeles, Newhall Land And Farming Company et al., 155 Cal.App.4th 660, (2nd Cir. 2007) | |
October 2007: Water Deal with Natomas Corporation Key to City of Folsom’s Growth | |
August 2007: Oakdale Irrigation District to Study Implications of Proposed Water Transfer with Modesto Irrigation District and San Francisco PUC | |
July 2007: Washington Department of Ecology’s Draft ‘Enlargement’ Policy Prompts Scrutiny of State’s Approach to Water Right Changes | |
June 2007: New Jersey Supreme Court Draws Hard Line between Riparian Rights and a Riparian Grant Panetta v. Equity One, Inc. A-2/3-06 (N.J. May 1, 2007) | |
May 2007: Superior Court Rules Castaic Lake Water Agency Was Proper Lead Agency for Water Transfer EIR— Water Transfer Agreement Is Final and Cannot Be Set Aside Planning and Conservation League, et al. v. Castaic Lake Water Agency, et al. BS098724 (Los Angeles Co. Super. Ct. April 2, 2007) | |
April 2007: District Court Rejects Tribal Claim against City of Los Angeles Regarding 1941 Land Exchange and Water Rights Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony California v. City of Los Angeles 1:06cv736, unpublished op. (E.D. Cal. Feb 14, 2007) | |
March 2007: Third District Court Holds ‘Project’ for CEQA Purposes Does Not Arise Prior to Vesting of Rights and Agency Course of Action Decision Concerned McCloud Citizens v. McCloud Community Services District et al., Nestle Waters North America, Inc. 147 Cal.App.4th 181 (3rd Dist. 2007) | |
February 2007: Environmental Group Allege ‘Paper Water’ In Challenging Water Supply Acquisition by Castaic Lake Water Agency | |
January 2006: Southern Nevada Water Authority Pledges that It Will Not Seek to Acquire Elko County Water | |
November 2006: Washington State Attorney General Supports Ecology’s Discretion to Review Water Conservancy Board Decisions | |
October 2006: Colorado Legislature Paves the Way for Adjudication of Rotational Crop Management Contracts to Facilitate Agricultural-to-Municipal Water Transfers while Continuing Historical Irrigation | |
October 2006: On Remand, District Court Withdraws Previous Findings of Fact and Conclusions of Law and Adopts New Definition of Hydraulic Connection between Ground and Surface Water Herrington v. State of New Mexico ex rel. Office of the State Engineer 133 P. 3d 258 (D. N.M. 2006) | |
August 2006: Los Angeles Department of Water and Power to Buy Water Directly from Sellers in Central and Northern California | |
August 2006: Sixth District Court of Appeal Holds that Approval of a Proposed Water Credit Transfer Violated CEQA Save Our Carmel River v. Monterey Peninsula Water Management District, ___Cal.App.4th____ H029242 (6th Dist. June 23, 2006) | |
August 2006: Oregon Water Resources Department Issues Proposed Rule Amendments, Which Recognize Changes to Certificates of Registration and Modify Transfer Rules | |
May 2006: Change of Use and Inter-Basin Water Transfers: Implications for the Rural Community | |
May 2006: New Mexico Supreme Court Reverses State Engineer, Adopts New Test for Surface to Groundwater Transfers Herrington v. State of New Mexico, ex rel. Office of the State Engineer 28,628 (N.M. March 9, 2006) | |
March 2006: California: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: Oregon: Groundwater Management, Conjunctive Use and Water Banking | |
March 2006: New Mexico: Groundwater Management, Conjunctive Use and Water Banking | |
February 2006: Oregon Water Resources Department Issues New Guidelines on Notice Requirements to Sever Water Rights from Appurtent Parcels | |
January 2006: Yuba County Water Agency Files Petition with the SWRCB to Defer Implementation of the Long-Term Instream Flow Requirements | |
January 2006: River Authority Plans to Import Groundwater to Central Texas | |
January 2006: Ninth Circuit Upholds Nevada State Engineer’s Determination Under Orr Ditch Decree United States et al v. Truckee-Carson Irrigation District et al., ___F.3d___ CV-73-00003-LDG, Equity A-3 (9th Cir. Nov. 21, 2005) | |
January 2006: Washington State Department of Ecology Revises Policy on Water Right Transfers | |
December 2005: City of Rio Rancho, New Mexico Appeals New Mexico State Engineer’s Ruling on Use of Groundwater Rights for Offset Purposes | |
December 2005: The Future of New Water Rights from the Columbia River in Oregon—Meeting the Mitigation Challenge | |
August 2005: Potential Takeover of CAL-AM by Monterey Peninsula Water Management District Goes to Voters | |
August 2005: Exportation of Local Water Supplies under Bottled Water Deals Causes Controversy | |
August 2005: Superior Court Rejects Challenge to Water Credit Transfer Administered by the Monterey Peninsula Water Management District Save Our Carmel River et al. v. Monterey Peninsula Water Management District et al. M72061 (Monterey Co. Superior Ct. Oct. 24, 2004) | |
August 2005: Trends in Water Law Litigation in the Eastern United States | |
July 2005: Colorado Supreme Court Distinguishes Contractual Water Delivery Rights from True Water Rights East Ridge of Fort Collins, LLC v. The Larimer and Weld Irrigation Company, ___P.3d___ 03SA372 (Colo. March 21, 2005) | |
June 2005: Third District Court of Appeal Holds that Environmental Impact Reports Not Necessary for Two Water Assignments to the City of Tracy Sierra Club v. West Side Irrigation Dist. ___Cal.App.4th___ C044989, C045015 (5th Dist. March 22, 2005) | |
June 2005: New Mexico Court of Appeals Reaffirms Applications to Change Surface Water Rights to Groundwater Rights Are Not Considered New Appropriations Lynn Montgomery et al. vs. New Mexico State Engineer, ___P.3d___ 24,297 (N.M. Ct. App. April, 12, 2005) | |
June 2005: Private Water Group Preparing to Pump the Ogallala Aquifer and Sell Groundwater to Far-Away Texas Cities | |
May 2005: Environmental Groups File Petitions to Prevent Transfers of Water to Castaic Lake Water Agency Planning and Conservation League v. Castaic Lake Water Agency, Case No. 231588, Jan. 25, 2005 (Ventura Co. Super. Ct.); California Water Impact Network v. Castaic Lake Water Agency 231606, Jan. 24, 2005 (Ventura Co. Super. Ct.) | |
May 2005: Arizona Blueridge Reservoir Acquired by Salt River Project | |
May 2005: New Mexico Supreme Court Holds State Engineer Permits to Transfer Location of Water Creates Rebuttable Presumption of Severance Turner v. Bassett, ___P.3d___ 28,317 (N.M. March 7, 2005) | |
April 2005: Drought Emergency Officially Declared in the State of Washington | |
April 2005: Twin Lawsuits Challenge CEQA Compliance for Water Credit Transfers on Monterey Peninsula Save Our Carmel River et al. v. Monterey Peninsula Water Management District et al., Case No. M72061 (Monterey Co. Sup. Ct. Oct. 24, 2004 ); Save Our Carmel River et al. v. Monterey Peninsula Water Management District et al. M72877 (Monterey Co. Sup. Ct. Jan. 6, 2005) | |
March 2005: Sacramento Valley Farmers Sell Water to Southern California | |
January 2005: State of Idaho Explores Purchasing Water Rights | |
January 2005: 2005 Oregon Legislative Forecast | |
January 2005: Two Arizona Cities Reach Agreement for Groundwater Transfers | |
January 2005: Texas Water District and Land Owners Reach Historic Settlement of Dispute over Control of Lakefront Property | |
December 2004: Sacramento County Water Authority Secures Water to Supply Growth through its Water Transfer Agreement with the Sacramento Municipal Utility District | |
November 2004: Washington’s Department of Ecology’s Water Resources Program Adopts Policy Guidance for Tentative Determinations on Water Rights. | |
June 2004: Public Utilities Comission Condemns Water Rights Lease Made Without Permission; Utility May Lose Water Rights as Result In the Matter of the Application of Southern California Water Company, [U133-W] Decision 04-03-039 (March 16, 2004). | |
December 2003: Washington’s Pollution Control Hearings Board Limits Transferability of Groundwater Rights Familigia LLC v. Washington State Dept. of Ecology PCHB No. 03-072 (Oct. 31, 2003). | |
September 2003: Oregon: Issues Facing the State’s Rivers and Streams | |
September 2003: New Mexico: Issues Facing the State’s Rivers and Streams | |
July 2003: Oregon Legislature Considers "Who Owns the Water Right?" | |
June 2003: New Mexico Legislation Requires Compliance with Acequia or Community Ditch Requirement for Changes in Points of Diversion or Place or Purpose of Use of Water Rights | |
May 2003: Idaho Legislature Addresses Environmental Impacts of Agricultural Operations: Changes Definition of "Local Public Interest" | |
April 2003: Oregon Legislative Update: Proposals that Could Impact Water Rights Transfers | |
March 2003: State Water Resources Control Board Denies Petition for Change in Place and Purpose of Use of Claimed Pre-1914 Water Right to Instream Use | |
February 2003: Proposed Idaho Legislation Looks at Water Rights and the "Local Public Interest" | |
January 2003: Idaho Department of Water Resources Sets Water Rights Transfer Policies and Procedures | |
January 2003: Administrative Ruling Helps Define Injury in Oregon Water Right Transfers In the Matter of The Protest Against Transfer Application T-8058: Oregon Water Trust on Behalf of Landowner Michael A. Becker vs. Robert L. Sheehy, et al. (proposed order Nov. 22, 2002). | |
October 2002: Washington Supreme Court Rejects Application of a Public Interest Criteria Test in Determining Transfers of Surface Water Rights: The Sullivan Creek Decision PUD No. 1 of Pend Oreille County v. Washington Department of Ecology, 51 P.3d 744 (Wa.July 18,2002). | |
July 2002: Sacramento Water Rights Settlement Contractors and the United States Proceed with Contract Renewal Negotiations | |
June 2001: Transfer Deal Inked between Westlands, U.S. Bureau of Reclamation, and 24 Sacramento Valley Contractors | |
March 2001: Delta Wetlands Project Gets First Nod of Approval from State Water Resources Control Board | |
March 2001: The Water Transfer Workgroup: Is It Really Happening in California? | |
February 2001: State Water Resources Control Board Issues Order Approving Transfer of Water to CALFED's Environmental Water Account | |
February 2001: Federal/California: U.S. Bureau of Reclamation and U.S. Fish and Wildlife Service Issue Record of Decision on CVPIA Programmatic Environmental Impact Statement | |
February 2001: U.S. Bureau of Reclamation and U.S. Fish and Wildlife Service Issue Record of Decision on CVPIA Programmatic Environmental Impact Statement |
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Trespass |
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Tributary Groundwater |
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Truckee River |
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Vested Surface Water Rights |
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Volume Limitations |
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Walker River |
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Wastewater |
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Water Bottling |
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Water Courts |
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Water Credits |
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Water Permits |
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Water Rights Fees |
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Water Seepage |
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Water Service Contracts |
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Water Storage Rights |
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Water Trusts |
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Wild and Scenic River Statutes |
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Winters Rights |
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Yuba Accord |
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Yuba River |
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