An ongoing, historic drought in California has compelled California state legislators to rethink the state’s long-standing treatment of water rights. While the recent heavy snowpack and wet spring and summer have alleviated...more
With services in place to facilitate compatible matches in markets such as real estate and consumer goods, can the same approach be used to connect buyers and sellers of water rights?
After five years of nonprofit...more
Water banks, long-used in Eastern Washington to compile and transfer water rights, are emerging as a useful way to allocate water rights in Western Washington. However, water banks may also be undergoing significant changes...more
K&L Gates environmental partner Alyssa Moir discusses with co-host David Wochner issues associated with water resources and the development of hydrogen at scale, specifically addressing U.S. legal regimes governing water use...more
On 1 April, the U.S. Supreme Court (the Court) put to rest the long-simmering dispute between Florida and Georgia over Georgia’s use of water from the Apalachicola-Chattahoochee-Flint River Basin (the Basin) that Florida...more
In August 2020, we outlined four notable interstate water rights cases before the U.S. Supreme Court that are likely to change how states use and treat water as a resource. One of those cases, Texas v. New Mexico, addresses...more
In August 2020 we previewed four notable interstate water rights cases that would soon be heard by the U.S. Supreme Court. The case of Mississippi v. Tennessee is now one step closer to a decision. On 5 November, 2020, the...more
As climate change accelerates, clashes between states over water rights are heating up due to this resulting strained resource. The only court with authority to adjudicate these interstate disputes is the U.S. Supreme Court....more
On May 5, 2020, the Washington Court of Appeals, Division III, ruled in Loyal Pig, LLC v. Department of Ecology that no five-year grace period exists for purposes of calculating the annual consumptive quantity of water (ACQ)...more
We previously issued an alert analyzing two interstate water compact disputes before the U.S. Supreme Court (“SCOTUS” or the “Court”): Texas v. New Mexico and Colorado and Florida v. Georgia. On June 27, the Court rejected...more
7/18/2018
/ Apportionment ,
Burden of Proof ,
Equitable Relief ,
Florida v Georgia ,
Original Jurisdiction ,
Remand ,
SCOTUS ,
Special Master ,
States Rights ,
Texas v New Mexico and Colorado ,
Water ,
Water Rights
On March 12, 2018, we issued an alert analyzing the United States Supreme Court’s decision in Texas v. New Mexico, 138 S.Ct. 954 (2018), allowing the United States to intervene in an interstate water compact dispute between...more
On February 12, 2018, we issued an alert analyzing two interstate water compact disputes before the United States Supreme Court: Texas v. New Mexico and Colorado and Florida v. Georgia. On March 5, the Court ruled that the...more