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Water Rights Groundwater

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

Schwabe, Williamson & Wyatt PC

2025 Oregon Water Law Legislative Recap

A wave of water-related legislation swept through the Oregon Legislature during the 2025 session. The most controversial water-related bills did not end up passing. In particular, there were three bills that would have...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

Allen Matkins

California Environmental Law & Policy Update 4.25.25

Allen Matkins on

Governor Gavin Newsom is pushing to lay the groundwork for building a $20-billion water tunnel in the Sacramento-San Joaquin River Delta before his term expires, and state water regulators are considering whether to grant a...more

Nossaman LLP

New Court Guidance on Rights to Use Captured Water/Percolating Groundwater

Nossaman LLP on

On March 14, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Sandton Agriculture Investments III v. 4-S Ranch Partners, 2025 S.O.S. 659. That case provided guidance on ownership of...more

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

Allen Matkins

California Environmental Law & Policy Update - Special Water Supply Edition

Allen Matkins on

President Donald Trump on Monday issued a memorandum directing the Secretary of Commerce and the Secretary of the Interior to develop a new plan within 90 days “to route more water from the Sacramento-San Joaquin Delta to...more

Nossaman LLP

New California Legislation on Water Issues – Updated with Signings and Vetoes

Nossaman LLP on

The time for Newsom to sign or veto bills has now passed. Of the nine bills discussed herein, Newsom signed seven and vetoed two. Please see the update below each bill that discusses its resolution....more

Allen Matkins

California Environmental Law & Policy Update 9.20.24

Allen Matkins on

Farmers in southern Tulare County will face greater scrutiny for groundwater pumping after the state placed the region on probation following a lengthy hearing in Sacramento on Tuesday....more

Allen Matkins

Special Water Supply Edition: California Environmental Law & Policy Update 7.19.24

Allen Matkins on

A judge has temporarily blocked a plan by a California state water board to take over monitoring groundwater use in a portion of the crop-rich San Joaquin Valley, according to a copy of the decision obtained on July 16. Kings...more

Beveridge & Diamond PC

SCOTUS Freezes States’ Efforts to Resolve Water Conflict

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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

Allen Matkins

California Environmental Law & Policy Update 5.24.24

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Republican attorneys general from 20 U.S. states sued the Biden administration on Tuesday, seeking to block new reforms to the U.S. environmental review process for major projects such as transmission lines and wind and solar...more

Beveridge & Diamond PC

Ecology to begin Nooksack Water Adjudication in April 2024 (Updated)

Update: The Washington Department of Ecology (Ecology) officially kicked off the Nooksack adjudication, a legal process that will determine the priority of water rights in Whatcom County and portions of Skagit County....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

Beveridge & Diamond PC

Ecology to begin Nooksack Water Adjudication in April 2024

The Washington Department of Ecology (Ecology) announced it will begin an adjudication of water rights in Water Resources Inventory Area 1 (WRIA1), including the Nooksack River system, in April 2024. An adjudication is the...more

K&L Gates LLP

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

K&L Gates LLP on

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

Updates on California Water Law: New Legislation and Regulations

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The California 2023 Legislative Session ended on September 14, 2023, and presented the Governor with several important changes to California’s water-related statutes. The Governor had until October 14, 2023, to sign all...more

Allen Matkins

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

Allen Matkins on

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

Brownstein Hyatt Farber Schreck

Sustainable Water Investment Summit Takeaways: Water Rights, Scarcity and Opportunities

Last week, leaders from a range of industries convened for two days in Los Angeles for Brownstein and WestWater’s inaugural Sustainable Water Investment Summit....more

Husch Blackwell LLP

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

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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

Integral Consulting Inc.

Water Rights and Managed Aquifer Storage

How water rights are granted and managed in the United States has always been a challenge. Unlike land grants, which are finite areas, water knows no boundaries and flows freely. How water is distributed, managed, and...more

Integral Consulting Inc.

Sustainability, Water and Recapture—Understanding Technology, Environmental, and Water Rights Concerns of Aquifer Storage and...

Integral Consulting Inc. on

According to the National Center for Environmental Information, about 51 percent of the continental United States has been experiencing drought conditions in the summer of 2022. More than 70 percent of the western U.S. faces...more

Perkins Coie

Court Upholds EIR for Kern River Diversion and Storage Project

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A California Court of Appeal held that the EIR for a public water authority’s river diversion and water storage project adequately described the unadjudicated waters to be diverted and adequately analyzed impacts to water...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

Full Quantification of Water Rights Not Required for CEQA Review, Second District Declares

Downey Brand LLP on

On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority, upholding the Environmental Impact Report (EIR) for the Kern Water Bank...more

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