News & Analysis as of

Groundwater Supreme Court of the United States Water Rights

Gray Reed

Texas Supreme Court Will Review Produced Water Case

Gray Reed on

Who owns produced water in Texas?  And what is produced water anyway – oil and gas waste and part of the mineral estate, or groundwater and part of the surface estate?  We may be closer to an answer to these questions now...more

Beveridge & Diamond PC

SCOTUS Freezes States’ Efforts to Resolve Water Conflict

Beveridge & Diamond PC on

What Happened? On June 21, 2024, the Supreme Court narrowly held that three states could not enter a consent decree to settle their interstate water dispute without the support of the intervening federal government. The...more

Husch Blackwell LLP

Almost 10 Years Later: Rio Grande Water Dispute Between Texas and New Mexico Resolved

Husch Blackwell LLP on

After nearly a decade, the Texas Attorney General and the New Mexico Attorney General announced in October 2022 that Texas, New Mexico, and Colorado had reached an agreement over the distribution of water from the Rio Grande;...more

Troutman Pepper Locke

Equitable Apportionment of Interstate Waters Sinks to New Levels

Troutman Pepper Locke on

In a landmark ruling signaling a new lens with which to view the treatment of interstate water allocation, the U.S. Supreme Court issued a decision on November 22 in Mississippi v. Tennessee, et al., 595 U.S. ___ (Case No....more

Husch Blackwell LLP

Water Law Update: The Equitable Apportionment Doctrine: It’s not Just for Rivers and Streams Anymore

Husch Blackwell LLP on

In case you missed it while preparing for your Turkey dinner, on November 22, 2021, the United States Supreme Court decided 9-0 that the Equitable Apportionment Doctrine, which had prior to this decision been held to apply...more

Latham & Watkins LLP

US Supreme Court Decision May Affect NRD Trusteeship Determinations

Latham & Watkins LLP on

The decision could complicate states’ ability to pursue groundwater natural resource damages actions. On November 22, 2021, the US Supreme Court held that equitable apportionment applies to a dispute between states about...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Mississippi v. Tennessee, No. 143, Orig.

On November 22, 2021, the U.S. Supreme Court decided Mississippi v. Tennessee, holding that water in an underground aquifer that flows across State lines is subject to equitable apportionment between the States, in similar...more

K&L Gates LLP

Update: Interstate Water Rights Before the Supreme Court - Mississippi v. Tennessee

K&L Gates LLP on

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

K&L Gates LLP

Supreme Court's 2020–2021 Preview: Interstate Water Rights

K&L Gates LLP on

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

Snell & Wilmer

U.S. Supreme Court Considering Case with Major Implications for Western Water Rights

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Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water...more

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