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News Articles

Montana Supreme Court Affirms Water Court’s Apportionment of Disputed Irrigation Rights

On November 14, 2017, the Montana Supreme Court affirmed the Water Court’s order settling a title dispute over four irrigation water rights between two neighboring…

Read More 2018-01-09

Justice Kennedy’s Opinion In Rapanos Still Controls Questions of Clean Water Act Jurisdiction Within the Ninth Circuit

The Ninth Circuit Court of Appeals, on November 27, has re-established that Justice Kennedy’s concurring opinion in Rapanos still controls Clean Water Act jurisdiction over…

Read More 2018-01-09

How Department of the Interior Modification of Gold Butte National Monument In Nevada Implicates Water Rights

Raging across headline news wires during the month of December 2017 are reports about the federal government’s review of existing national monuments, with Department of…

Read More 2018-01-09

U.S. Secretary Of The Interior Formally Executes Pechanga Water Rights Settlement Agreement

On November 29, 2017, U.S. Secretary of the Interior Ryan Zinke and Mark Macarro, Chairman of the Pechanga Band of Luiseño Mission Indians (Tribe) formally…

Read More 2018-01-09

U.S. Bureau of Land Management Faces New Challenge Over Proposed Cadiz Project

In late November 2017, the Cadiz Valley Groundwater Conservation, Storage and Recovery Project (Cadiz Project) was the subject of a new lawsuit challenging the U.S.…

Read More 2018-01-09

California Court of Appeal Refuses to Loosen the Claim Filing Requirements of the Government Claims Act

In Olson v. Manhattan Beach Unified School District, appellant challenged the trial court’s dismissal of his Second Amendment complaint against the Manhattan Beach Unified School…

Read More 2018-01-09

California Court of Appeal Finds Charter City Exempt from the Requirement for General Plan Consistency

The California Court of Appeal for the Fourth District found that a California charter city is exempt from the statutory requirements for consistency between its…

Read More 2018-01-09

California State Water Resources Control Board Proposes First Ever Permanent Water Conservation Regulations

Building upon its emergency regulations imposed during the recent and historic five-year drought, the California State Water Resources Control Board (SWRCB), now proposes to enact…

Read More 2018-01-08

Federal Agencies to Defer the Applicability of the 2015 ‘Waters Of The United States’ Rule

In November 2017, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps, or jointly Agencies) published a proposed rule (proposed Applicability…

Read More 2018-01-08

California Funding and Programs to Address Greenhouse Gas Emissions from State Wildfires

The State of California has suffered through numerous wildfires during 2017 California wildfire season. The wildfires have caused the tragic loss of life and property.…

Read More 2018-01-08