The McCarran Amendment A current Ninth Circuit Case could upset pre-1952 water rights adjudications in certain circumstances! Enacted by Congress in 1952, the McCarran Amendment, 43 U.S.C. § 666, waives the United States’ sovereign immunity in state court water rights adjudications. The Amendment acknowledges the power of a state to regulate ownership and use of the […]
McCarran Amendment Court Challenge Read More »
In 2019, we previously posted a blog on the Public Trust Doctrine in Nevada which you can find here. Since then, the Nevada Supreme Court made its decision in Mineral Cty. v. Lyon Cty., 136 Nev. 503, 473 P.3d 418 (2020). We provide a brief recap of the Public Trust Doctrine and an update on
The Public Trust Doctrine and Water Rights in Nevada Read More »
Conjunctive management recognizes there may be a hydrological connection between groundwater and surface water within an area. This means, drawing down groundwater may affect the availability of surface water, and vice versa. In prior appropriation states like Nevada, where senior water rights have priority, surface water rights will generally trump groundwater right. In January 2024,
Nevada Supreme Court Weighs in on Conjunctive Management Read More »
