Mealey's Water Rights
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July 02, 2021
Texas Appeals Court: Law Taking City’s Reservoir Rights Is Unconstitutional
AUSTIN, Texas — A Texas appeals court on June 30 affirmed that a state law ordering the city of Houston to transfer its interest and water rights in a planned reservoir to an authority is unconstitutional.
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June 28, 2021
U.S. High Court Lets Stand California State Appeal Court Water Rights Ruling
WASHINGTON, D.C. — The U.S. Supreme Court on June 28 denied review of a California state court ruling that an irrigation district can abrogate farmers’ water rights despite a 1980 Supreme Court ruling and protection under federal law.
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June 25, 2021
With Immunity Intact, Suit Over Tribe’s Dam Project Fails, 9th Circuit Rules
PORTLAND, Ore. — An Oregon Indian tribe had its victory in federal court reversed but then won on different grounds when the Ninth Circuit U.S. Court of Appeals on June 23 ordered dismissal of a citizen suit alleging that the tribe’s operation of a hydroelectric project violates the Clean Water Act (CWA) after finding that the tribe never waived its sovereign immunity or was stripped of immunity by the CWA.
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June 10, 2021
EPA, Army Corps Seek Remand Of Trump Clean Water Rule Pending New Rulemaking
BOSTON — The Environmental Protection Agency and the U.S. Army Corps of Engineers on June 9 asked a Massachusetts federal court to voluntarily remand the Trump administration’s Clean Water Rule to the agencies because they decided after review to begin the rulemaking process to revise or replace the rule.
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June 09, 2021
California Appeals Court Affirms Vacated Water Rate Increase, Attorney Fees
SACRAMENTO, Calif. — The California Third District Court of Appeal on May 28 affirmed a trial court ruling that a rate hike by a water district violated the state constitution and that the plaintiffs are due $66,000 in state private attorney general fees for conferring a substantial benefit to more than 7,500 ratepayers.
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June 08, 2021
Clean Water Act Suit Stayed Again Pending ‘Next Step’ June 9 By EPA, Army Corps
ALBUQUERQUE, N.M. — A New Mexico federal judge on May 26 granted a motion by the Environmental Protection Agency and the U.S. Army Corps of Engineers to stay until July 1 a case challenging the Clean Water Act (CWA) until the new leadership of the EPA announces its “next step” with regard to interpretation of the law.
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June 08, 2021
Multiplaintiff, Interstate Or Notable Water Rights Cases
New developments in the following multiplaintiff, interstate or notable water rights cases are marked in boldface type.
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June 08, 2021
Environmentalists Again Seek Summary Judgment Against Trump Clean Water Rule
CHARLESTON, S.C. — Fourteen environmental groups that last year sued the Environmental Protection Agency for finalizing the Trump administration’s version of the Clean Water Rule filed a new motion in a South Carolina federal court on May 21 to vacate the rule that seeks to define the “waters of the United States” for purposes of EPA jurisdiction.
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June 08, 2021
San Francisco: State Water Certification Violates Rights, Should Be Withdrawn
SONORA, Calif. — The city and county of San Francisco and their Public Utilities Commission on May 13 filed a petition for a writ of mandamus in a California state court complaining, in part, that the State Water Resources Control Board (SWRCB) is violating their water right priorities through a water quality certification it announced Jan. 15 during a hydroelectric project relicensing hearing.
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June 08, 2021
California Appeals Court Affirms $129,000 Fee Award In Groundwater Cap Challenge
SAN FRANCISCO — A California appeals panel on May 27 affirmed $129,000 in attorney fees and costs awarded to a plaintiff who successfully challenged a water district’s groundwater cap regulation, saying the award was justified for private enforcement of the state water code and that the benefits for a class of water users outweighed the cost of the litigation.
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June 07, 2021
California Water District Tells U.S. High Court Farmer Gets Service, Not Right
WASHINGTON, D.C. — A California farmer on June 2 waived the 14-day waiting period for a reply brief in his petition for a writ of certiorari to the U.S. Supreme Court, invoking a court rule that will allow the court clerk to distribute his water rights petition to the court for its consideration at an upcoming conference.
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June 04, 2021
Congressional Amici: Trump Clean Water Rule ‘Dishonors’ Congressional Intent
CHARLESTON, S.C. — Thirty-three current and former members of Congress on May 28 moved in South Carolina federal court to submit an amicus curiae brief in support of summary judgment that would invalidate the Trump administration’s version of the Clean Water Rule, saying the rule “dishonors” Congress’ intent in enacting the Clean Water Act and the law’s subsequent amendments.
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June 04, 2021
California Appeals Court: No More Fees Due To Class In Groundwater Case
FRESNO, Calif. — A California appeals court on May 26 affirmed a coordinating court’s denial of additional attorney fees and costs totaling as much as $2.25 million for a class in the Antelope Valley groundwater adjudication, saying the applicants had not met any of the exceptions listed in a 2010 settlement of their water right claims and were not entitled to additional fees and costs under California’s private attorney general doctrine.
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June 03, 2021
Special Master Discharged In Florida/Georgia U.S. Supreme Court Water Case
WASHINGTON, D.C. — The U.S. Supreme Court on June 1 discharged with thanks Judge Paul J. Kelly Jr. as special master for the interstate water dispute between Florida and Georgia, yet another sign that the eight-year-old controversy is over.
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May 11, 2021
Multiplaintiff, Interstate Or Notable Water Rights Cases
New developments in the following multiplaintiff, interstate or notable water rights cases are marked in boldface type.
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May 11, 2021
Supreme Court Special Master Lists Sept. 13 Trial in Texas- New Mexico Water Case
CEDAR RAPIDS, Iowa — A U.S. Supreme Court special master on April 9 issued a trial management order setting Sept. 13 as the trial start date in the Texas-New Mexico-Colorado interstate water dispute.
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May 11, 2021
Environmental Groups Appeal Colorado Dam Challenge To 10th Circuit
DENVER — Six environmental groups on April 27 appealed to the 10th Circuit U.S. Court of Appeals a district court’s dismissal of their challenge to a dam permit for lack of district court jurisdiction under the Federal Power Act (FPA).
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May 11, 2021
California Judge Won’t Remand, Reconsider Order Halting Desalination Plant Permit
SALINAS, Calif. — A California state court judge on April 8 denied a request for interlocutory remand or limited writ of mandate following the judge’s Jan. 21 ruling setting aside a county’s approval for a desalination project to comply with the California Environmental Quality Act (CEQA) requirement for a “statement of overriding considerations."
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May 11, 2021
D.C. Circuit Court Won’t Rehear Water Rights Case Involving Klamath Tribes
WASHINGTON, D.C. — The District of Columbia federal appeals court on May 10 denied a petition to rehear a panel’s March 19 decision and to certify to the Oregon Supreme Court the question of whether a federal court cannot invalidate a protocol between a federal government and a Native American tribe to take decisions about the tribe’s water rights away from Oregon state officials and give that authority to the federal government.
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May 11, 2021
California Appeals Court: Interpretation Of ‘Or’ In Water Decree Is Inclusive
SACRAMENTO, Calif. — California’s Third District Court of Appeal on April 30 said a water decree watermaster and a state superior court did not err in interpreting that the word “or” in an exception in a 1940 water decree that allows a water right holder to simultaneously divert and store water from the Susan River.
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May 11, 2021
U.S. Supreme Court Tells California Water District To Answer Farmer’s Petition
WASHINGTON, D.C. — After a California irrigation district on April 9 waived its right to respond to a petition for a writ of certiorari from the U.S. Supreme Court, the high court on April 26 requested that the irrigation district file a response to a farmer’s petition asking the high court to rule on whether an irrigation district may abrogate the water rights of farmers and whether the farmers have federally protected water rights under federal law.
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May 11, 2021
Nevada High Court Creates Water Law Study Commission, Appoints Membership
CARSON CITY, Nev. — The Nevada Supreme Court on April 12 announced the appointment of 24 members of the recently created Commission to Study the Adjudication of Water Law Cases.
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May 10, 2021
Judge Denies Tribe’s Motions For TRO, Injunction In Klamath Basin Water Case
MEDFORD, Ore. — An Oregon federal judge on May 6 denied motions by a Native American tribe to issue a temporary restraining order or preliminary injunction against the U.S. Bureau of Reclamation’s management of water in the Klamath Basin, saying that given continuing drought conditions and competing interests of multiple parties, the bureau has consulted with all interested parties and is doing the best it can under the circumstances.
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April 30, 2021
9th Circuit Again Reverses, Remands Navajo Breach Of Trust Claim Over Water Rights
PASADENA, Calif. — A 1964 U.S. Supreme Court decree establishing water rights to the Colorado River does not strip a federal court of jurisdiction to decide the Navajo Nation’s breach of trust claim against the Department of the Interior (DOI) for allegedly mismanaging the tribe’s water resources, the Ninth Circuit U.S. Court of Appeals held April 28 in reversing and remanding so the tribe can amend its complaint.
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April 28, 2021
Water District, Authority Settle Lawsuit Over Desalinated Water Delivery
SAN DIEGO — The Vallecitos Water District and the San Diego Water Authority on April 22 jointly announced a settlement in Vallecitos’ lawsuit over whether the authority delivers to Vallecitos desalinated water and how much it charges for the deliveries.