News & Analysis as of

Water Rights Drought Water Supplies

Oliva Gibbs

Murky waters: Wading through Texas law and the future of produced water

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Texas produces more than just oil and gas. Every day, millions of gallons of produced water are generated as a byproduct of oil and gas production. Once viewed strictly as a waste product, produced water is now at the center...more

Troutman Pepper Locke

How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

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Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the...more

Bennett Jones LLP

Navigating Water Scarcity: Legal Implications and Impact on Alberta's Industries

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The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic...more

K&L Gates LLP

Water Regulation in the Western States: California's 2023 Legislative Proposal Highlights

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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

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 9.22.23

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California legislators have passed a bill articulating the scope of the State Water Resources Control Board’s authority to investigate water rights. Senate Bill 389, which will go to Governor Gavin Newsom’s desk for a final...more

Schwabe, Williamson & Wyatt PC

New Drought Exemption Protects Oregon Water Rights from Forfeiture

July 17, 2023 Of Counsel On June 7, 2023, Governor Tina Kotek signed into law SB 718, which provides an additional layer of protection for Oregon water right holders in drought-stricken counties. The new law goes into effect...more

Downey Brand LLP

Hurdles remain for Colorado River agreement

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On May 22, Arizona, Nevada, and California sent a letter to the Commissioner of the U.S. Bureau of Reclamation (Reclamation) that announced their agreement to conserve an additional 3 million acre-feet of Colorado River water...more

Nossaman LLP

The Impact of Governor Newsom’s Proposed Budget on Water Projects

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On January 10, 2023, Governor Gavin Newsom announced his $297 billion budget proposal for 2023-2024, which includes a $22.5 billion budget deficit. Despite environmental/climate change programs facing $6 billion in cuts,...more

Allen Matkins

Special Drought Edition: California Environmental Law & Policy Update - June 2022

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As severe drought conditions continue across the western U.S., Allen Matkins will begin publishing a quarterly newsletter focused on recent legal, regulatory, and policy issues impacting water users and suppliers in...more

Downey Brand LLP

State Water Board Issues Sweeping Water Right Curtailment Order in 2022 for the Sacramento-San Joaquin Delta Watershed

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On March 21, 2022, the State Water Resources Control Board (“State Water Board” or “Board”) issued a letter to approximately 20,000 water rights holders warning them curtailment orders are imminent due to continued drought...more

(ACOEL) | American College of Environmental...

The American West Is Drying Out. Here’s What We Can Do About It.

The American West is in the throes of a “megadrought”—one that’s plagued the region since 2000. Indeed, the Western U.S. has entered an era of water crisis that’s unprecedented in recorded American history. Due to climate...more

Downey Brand LLP

State Water Board Issues Emergency Regulations for Curtailments in Delta Watershed

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The State Water Resources Control Board (“State Water Board”) issued emergency regulations on August 3, 2021, authorizing Board staff to curtail diversions and require informational reporting from water users in the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #2

Trump Said to Seek Limits on State Power in Pipeline Approvals - "Trump's order comes as the president continues to chafe at regulatory barriers he says throttle the full potential of American 'energy dominance,' while...more

Best Best & Krieger LLP

Groundwater Rights Jury Finds In Favor Of Public Water Suppliers - BB&K Team Successfully Defends City In First-Of-Its-Kind Trial...

Best Best & Krieger LLP, representing the City of Paso Robles, successfully defended the City in a jury trial that found the water suppliers had acquired prescriptive groundwater rights to the Paso Robles Groundwater Basin...more

Tonkon Torp LLP

It's Looking Like A Long, Dry Summer

Tonkon Torp LLP on

By the middle of June, Governor Kate Brown had already issued drought declarations for several counties—Baker, Douglas, Grant, Harney, Klamath, and Lake. By the 10th of July, according to the U.S. Drought Monitor, almost the...more

Best Best & Krieger LLP

California Water Board Lacks Jurisdiction to Curtail Water Use by Senior Water Rights Holders - Court Decision on California Water...

The State Water Resources Control Board exceeded its jurisdictional authority under Water Code section 1052 when it issued curtailment notices to pre-1914 and riparian water rights holders, a Santa Clara County Superior Court...more

Allen Matkins

California Environmental Law & Policy Update - November 2015

Allen Matkins on

Environmental and Policy Focus - Senate votes to block EPA’s clean water rule: The Hill - Nov 4:: The U.S. Senate approved a bill Wednesday to block the Obama administration’s new regulation defining federal authority...more

Best Best & Krieger LLP

California Water Board Lifts Curtailment of Senior Water Rights in Sacramento-San Joaquin Delta

The State Water Resources Control Board on Tuesday issued a notice lifting water diversion restrictions for the holders of all senior water rights in the Sacramento-San Joaquin watersheds and Delta. The Board issued the...more

Allen Matkins

California Environmental Law & Policy Update - August 2015

Allen Matkins on

Environmental and Policy Focus: Coastkeeper's suit against water agency dismissed - San Diego Union-Tribune - Jul 31: A San Diego superior court judge ruled against an environmental group on July 30, rejecting its...more

Allen Matkins

California Environmental Law & Policy Update - July 2015 #4

Allen Matkins on

Environmental and Policy Focus - California State Water Board seeks fines from local water district for alleged drought-related violations: Sacramento Bee - Jul 20 - State drought regulators went on the offensive against...more

Blake, Cassels & Graydon LLP

Government Response to Drought Conditions in B.C. Creates Potential for Water Use Curtailment

On July 15, the British Columbia government announced a Level 4 drought rating for the South Coast and Lower Fraser areas of the province, which could lead to orders to temporarily reduce or cease water use and put rights...more

Best Best & Krieger LLP

State Board Issues Curtailment Notices of Surface Water Rights Diversions

Just as it did in 2014, the State Water Resources Control Board has issued several notices of curtailment for surface water rights holders in various watersheds because California’s extreme drought has resulted in...more

Best Best & Krieger LLP

State Board Issues Notice of Potential Curtailment of Surface Water Rights Diversions

Recent Rainfall Not Enough to Stop Drought Emergency Measures - Despite some rainfall and the temporary lifting of certain 2014 surface water curtailment notices during the fall, the drought emergency in California...more

Allen Matkins

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

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Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

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