Mealeys

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Mealey's Water Rights - California: Water Districts Weren't Prevailing Parties In Curtailment Cases
Posted on 10 Jul 2019 by Mealeys

SANTA CLARA, Calif. - The state of California on July 8 told a state coordination court judge that it should deny a request by three water districts for $291,803 in costs in the water curtailment proceedings, saying the agencies are not prevailing parties... Read More

Tags: Water Law

Mealey's Water Rights - Colorado Supreme Court: 1940 Water Pact Doesn't Limit Denver Water Supply
Posted on 3 Jul 2019 by Mealeys

DENVER - The Colorado Supreme Court on July 1 said the city and county of Denver is not prohibited by a 1940 water agreement from importing water from a different source it acquired after the agreement was signed (City & County of Denver v. Consolidated... Read More

Mealey's Water Rights - Fed's Waiver Of Environmental Review Of Pipeline Project Found 'Contrary To Law'
Posted on 25 Jun 2019 by Mealeys

LOS ANGELES - A California federal judge on June 20 said a determination by the U.S. Bureau of Land Management (BLM) that the proposed 43-mile Cadiz water pipeline fell within an 1875 railroad right of way and didn't require environmental review under... Read More

Tags: Water Law

Mealey's Water Rights - Judge Orders California Water Board To Set Aside Drought Water Curtailment Orders
Posted on 7 Jun 2019 by Mealeys

SANTA CLARA, Calif. - A California judge on June 6 issued peremptory writs of mandate ordering the State Water Resources Control Board (SWRCB) to set aside water curtailment orders issued during the state's historic drought in May and June 2015 to... Read More

Mealey's Water Rights - U.S. High Court Asks Solicitor General To Weigh In On Texas/New Mexico Water Case
Posted on 3 Jun 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on June 3 asked the U.S. solicitor general for his view on whether the high court should review a river master's water credit determination in Texas' lawsuit against New Mexico (Texas v. New Mexico, No... Read More

Mealey's Water Rights - Texas Federal Judge Grants Summary Judgment, Remands 2015 Clean Water Rule For Fix
Posted on 30 May 2019 by Mealeys

GALVESTON, Texas - A Texas federal judge on May 28 became the first to grant summary judgment in a lawsuit challenging the Clean Water Rule: Definition of "Waters of the United States," 80 Fed. Reg. 37,054, June 29, 2015, finding that the federal... Read More

Tags: Water Law

Mealey's Water Rights - North Dakota Judge Lifts Clean Water Rule Injunction After Colorado Pulls Out
Posted on 15 May 2019 by Mealeys

BISMARCK, N.D. - A North Dakota federal judge on May 14 lifted his preliminary injunction against the Clean Water Rule in the state of Colorado after granting the state's motion to withdraw as a plaintiff (North Dakota, et al. v. United States Environmental... Read More

Tags: Water Law

Mealey's Water Rights - California State Court Judge Proposes Mandamus Writs Against Water Curtailments
Posted on 13 May 2019 by Mealeys

SANTA CLARA, Calif. - A California state court judge on May 9 issued proposed judgment and writs of mandamus ordering the State Water Resources Control Board (SWRCB) to set aside its water curtailment orders issued to five water districts in 2015 when... Read More

Tags: Water Law

Mealey's Water Rights - Intervention Bid By 4 Indians Seeking Water Rights Falls Short
Posted on 6 May 2019 by Mealeys

SALT LAKE CITY - Four Native Americans cannot intervene in a suit by the Ute Indian Tribe to enforce a tribal court's monetary judgment in a water rights dispute because they failed to show they have an interest in the action or that there are common... Read More

Tags: Water Law

Mealey's Water Rights - Colorado High Court Reverses; Postponement Doctrine Applies To Water Rights Case
Posted on 2 May 2019 by Mealeys

DENVER - The Colorado Supreme Court on April 29 reversed a lower court's ruling and said the postponement doctrine applied to the water rights dispute at hand because two different parties sought competing rights to the same source of water (Concerning... Read More

Tags: Water Law

Mealey's Water Rights - Judge: Tribe Has Rights To Groundwater Pores, But Not Quantity, Quality Of Water
Posted on 24 Apr 2019 by Mealeys

RIVERSIDE, Calif. - A California federal judge on April 19 said a Native American tribe has standing to seek declaratory relief for pore space under its reservation, but said the tribe lacks standing to assert a claim for quantification of how much groundwater... Read More

Tags: Water Law

Mealey's Water Rights - Washington Appeals Court Affirms Validity Of State's Water 'Dungeness Rule'
Posted on 5 Apr 2019 by Mealeys

TACOMA, Wash. - A Washington state appeals court on April 2 affirmed that the Washington Department of Ecology did not exceed its statutory authority in adopting the so-called Dungeness Rule or show that the department acted in an arbitrary or capricious... Read More

Tags: Water Law

Mealey's Water Rights - Arizona High Court Says State Commission Lacks Authority Over Water Utility Taking
Posted on 1 Apr 2019 by Mealeys

PHOENIX - The Arizona Supreme Court on March 28 ruled that the Arizona Corporation Commission does not have authority over a city's condemnation of a water company (Surprise v. Arizona Corporation Commission, et al., No. CV-18-0137-SA, Ariz. Sup.... Read More

Tags: Water Law

Mealey's Water Rights - California Appeals Court: Water Districts Can Raise Rates For Unfunded Mandates
Posted on 29 Mar 2019 by Mealeys

SACRAMENTO, Calif. - A California appeals court on March 28 said six water districts cannot use subvention to get the state government to pay for unfunded water mandates because the districts are able to recoup added costs by raising their water rates... Read More

Tags: Water Law

Mealey's Water Rights - California Appeals Court: Water Districts Can Raise Rates For Unfunded Mandates
Posted on 25 Mar 2019 by Mealeys

SACRAMENTO, Calif. - A California appeals court on March 20 said six water districts cannot use subvention to get the state government to pay for unfunded water mandates because the districts are able to recoup added costs by raising their water rates... Read More

Tags: Water Law