Case Law

Developments in case law relating to water law issues

Fish Persistence in Municipal Water Permit Extensions

Case Law, Oregon, Water law / By

On December 31, 2014, the Oregon Court of Appeals decided WaterWatch of Oregon Inc., v. Water Resources Department, 268 Or. App. 187 (2014). The Court of Appeals reviewed three final orders for extensions of time for municipal water permits in the Clackamas River. After contested case hearings, the Water Resources department granted the extensions, subject to fish persistence […]

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Nevada Water Right Transfer Litigation Finally Ends

Case Law, Nevada, Water law / By

Federal Judge Robert C. Jones called Schroeder Law Offices attorney Laura Schroeder and others to court today to end 29 years of litigation related to over 200 transfer applications filed by various farmers in the Newlands Project, Nevada.  These transfers were tied up for years by the Pyramid Lake Indian Tribe appeals to Nevada State

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Water Districts Successfully Appeal Takings Case Against BOR

Case Law, Water law / By

Today- September 30, 2009, the Federal Circuit Court of Appeals issued a major decision in favor of Stockton East Water District and the Central San Joaquin Water Conservation District determining that the US Bureau of Reclamation and the Districts have binding contracts for specified quantities of water to which Reclamation is obligated to provide. The underlying trial court, the Court of

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Clean Water Act Regulates One Pot of Soup: The Unitary Waters Theory Adopted

Case Law, Water law / By

By Law Clerk Nicole Widdis The Eleventh Circuit Court of Appeals, in an order filed today, was the first court to interpret a recent Environmental Protection Agency (EPA) regulation, the Water Transfers Rule (40 C.F.R. § 122.3(i)), which affects the Clean Water Act National Pollution Discharge Elimination System (NPDES). The case before the Court involved

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Implications of Fort Vannoy

Case Law, Oregon / By

By Laura Schroeder  After Ft Vannoy, permits or appurtenant water right certificates inside irrigation districts or organization are subject to third party determinations. Both landowners and irrigation districts/organizations should take action now to determine their own fates as to those permitted uses and water rights diverted, delivered, and/or in the name of the district or

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New Mexico Rules State Engineer Required to Closely Review Applications for Exempt Wells

Case Law, Water law / By

Recently, a New Mexico court ruled that the State Engineer is required to review all new applications for exempt domestic wells.  Prior to the ruling, those drilling exempt wells were merely required to file for a “permit” that would be automatically approved by the State Engineer.  The recent ruling requires the State Engineer to review

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TCID Flood Issues: Part 2

Case Law, Nevada, Water law / By

The Federal Court made its decision on the jurisdictional question by sending the case back to Lyon County District Court last week. See http://www.kesq.com/Global/story.asp?S=8229832 for more information. Interestingly, many farmers have still not received water that is due to them as insufficient flows continue in the Truckee-Carson Canal. Crops are being stressed and damaged. Many

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State or Federal Jurisdiction over TCID Flood Issues?

Case Law, Nevada, Water law / By

In the aftermath of the January 2008 flood after the Truckee-Carson Canal break, many lawsuits have been filed.  These suits have been filed in both state and federal courts in Nevada and present many questions as to which Court holds jurisdiction to hear these issues.  Proper jurisdiction depends on the parties to the lawsuit as

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Fort Vannoy Irrigation District v. Water Resources Commission

Case Law, Oregon / By

The Oregon Supreme Court will hear oral arguments and review the Oregon Court of Appeals decision in the case Fort Vannoy Irrigation District v. Water Resources Commission. The review arises from a 2002 dispute between the irrigation district and a district landowner. The landowner submitted an application to the Oregon Water Resources Department (“OWRD”) seeking

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