[VIDEO] The Price of an Aging Infrastructure on the Environment
The Water Values Podcast - How Can We Resolve Water Conflicts?
Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more
In a landmark decision, the Supreme Court of Texas held in Cactus Water Services, LLC v. COG Operating, LLC, that produced water belongs to the operator. When presented with a case where both the operator and a third party...more
On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more
A California Court of Appeal (Fifth District) (“Court”) addressed in a March 14th Opinion whether water in an aquifer could be personal property. See Sandton Agriculture Investments III, LLC, v. 4-S Ranch Partners, LLC, 2025...more
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
The Director General of Water issued Exempt Resolution No. 4155 in December 2024, issued within the framework of Article 129 bis 4 et seq. of the Water Use Code, after consultation with the respective user organizations; and...more
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
The City of Everett (City) voted on November 5, 2024, to pass initiative 24-03, granting the Snohomish River Watershed (Watershed) enforceable legal rights within the City’s limits. The law creates a right for the Watershed...more
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
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
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
Despite California’s record high levels of precipitation in 2023, water scarcity remains a pressing issue. Governments have turned to using the power of eminent domain to acquire investor-owned utilities in an effort to...more
On May 23, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Natural Resources Defense Council et al. v. Debra Haaland et al. (Case No. 21-15163) (“NRDC v. Haaland”) rejecting the plaintiffs’ challenges...more
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
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
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
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
B&D is pleased to present the final installment of our 2024 Litigation Look Ahead series. (Read part five covering the Comprehensive Environmental Response, Compensation, and Liability Act here.) In this edition, our...more
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
The future of California water storage reached a major milestone on Thursday with the finalization of plans for the Sites Reservoir in Northern California. The reservoir would be the second largest off-stream reservoir in the...more
On October 8, 2023, Governor Gavin Newsom signed into law Senate Bill 389 (“SB 389”), which amended § 1051 of the Water Code to expand the investigatory authority of the State Water Resources Control Board (“Water Board”)....more
On February 27, 2023, in a much anticipated decision, California’s Second District Court of Appeal overruled the trial court by determining that the State Water Resources Control Board (“State Water Board”) did not violate...more
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
On June 22, 2023, the United States Supreme Court handed down its third decision regarding federal Indian law this term. In a 5-4 decision, the Court held that the Navajo Treaty of 1868 does not require the United States to...more
The Majority Opinion - Last Thursday, the United States Supreme Court issued its opinion in Arizona v. Navajo Nation, the third Supreme Court Indian law decision in the last two weeks. Released on the heels of a major...more