News & Analysis as of

Water Groundwater Water Rights

Oliva Gibbs

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

Oliva Gibbs on

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

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

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

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

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

Bennett Jones LLP on

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

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

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

Perkins Coie on

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

Allen Matkins on

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

Brownstein Hyatt Farber Schreck

Nevada District Court Strikes Down State Engineer’s Creation of ‘Superbasin’

On April 19, 2022, Clark County District Court Judge Bita Yeager issued a decision vacating the Nevada State Engineer’s (State Engineer) June 15, 2020, Order 1309. Under Order 1309, the State Engineer merged seven...more

Brownstein Hyatt Farber Schreck

Watermaster Has No Right to Appeal Trial Court Orders on Water Rights Decrees

On Feb. 23, 2022, the Third District Court of Appeal issued an opinion in Dow v. Lassen Irrigation Company et al, C091965 as to what it believed to be an issue of first impression—whether a watermaster appointed by the trial...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

Davis Wright Tremaine LLP

California Court Holds Public Trust Doctrine Applies to Groundwater Impacts on Surface Streams

In Environmental Law Foundation v. State Water Resources Control Board, the California Court of Appeal for the Third District on August 29, 2018 affirmed a district court’s application of the Public Trust Doctrine to the...more

Downey Brand LLP

Third Appellate District Extends Public Trust Doctrine to Groundwater, Finding That Counties Have a Duty to Administer the Trust...

Downey Brand LLP on

On August 29, 2018, the Third Appellate District published its long-awaited opinion in Environmental Law Foundation v. State Water Resources Control Board (“ELF”), a case involving a challenge to Siskiyou County’s (“County”)...more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide