Developments in case law relating to water law issues
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 […]
Nevada Water Right Transfer Litigation Finally Ends Read More »
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
Water Districts Successfully Appeal Takings Case Against BOR Read More »
By Attorney Therese Ure & Law Clerk Nicole Widdis This session, the Oregon Senate passed Senate Bill 311 legislation to amend the Oregon Tort Claims Act (OTCA). The OTCA limits the amount of money damages a plaintiff can receive from a state entity in a civil wrong (aka tort) case. OTCA passed originally in 1967
2009 Oregon Legislation Amends “Caps” on Tort Damages Read More »
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
Clean Water Act Regulates One Pot of Soup: The Unitary Waters Theory Adopted Read More »
By Law Clerk Nicole Widdis The Truckee-Carson Canal breached in early 2008, however the litigation continues. See Water Law Blog entries from April 24 and 30, 2008 for background on the matter. The latest attempt by the homeowners in this case to limit the amount of water going down the canal was heard in Nevada
Update on TCID Flood Issues Read More »
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
Implications of Fort Vannoy Read More »
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
New Mexico Rules State Engineer Required to Closely Review Applications for Exempt Wells Read More »
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
TCID Flood Issues: Part 2 Read More »
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
State or Federal Jurisdiction over TCID Flood Issues? Read More »
Personal service means just what it says! On March 28, 2008, in United States v. Alpine Land and Reservoir Co., Judge Lloyd D. George reaffirmed that only those 281 individual water right holders who returned their acknowledgement of service must defend the Pyramid Lake Paiute Tribe’s suit challenging the existence of their water rights. The
Many Newland Farmers See End in Sight Read More »
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
Fort Vannoy Irrigation District v. Water Resources Commission Read More »
