Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Tag Archives: Water Rights

A Win for Appropriative Water Rights

Posted in NEPA, Water Law
In an unpublished opinion released August 24th, the Ninth Circuit rejected a long waged effort to upend the City of Bend’s water planning by forcing it to abandon its vested surface water rights in favor of an all-groundwater supply. As is often the case, plaintiffs chose a somewhat oblique attack on the City’s water planning,… Continue Reading

Pacific Northwest Water Wars

Posted in Northwest, Water Law
It may come as a surprise that people fight over water in soggy Oregon and Washington.  To be sure, we have not experienced the same level of conflict over competing water needs as our neighbors in the southwest, but in fact the conflicts are there and the stakes are high. Most senior water rights in… Continue Reading

California Groundwater Regulation Enters the 20th Century!

Posted in California, Water Law
On September 16, 2014, California Governor Jerry Brown signed into law a trio of bills to establish a statewide regulatory scheme for the use of groundwater: Assembly Bill 1739, and Senate Bills 1168 and 1319.  California had previously been the only Western state to leave “reasonable” use of groundwater to the tender mercies of individual pumpers… Continue Reading

Square Pegs in Round Holes

Posted in Federal, Natural Resources, Water Law
The Western states face two reciprocating and overarching problems in water resources policy.  First, water is an increasingly scarce resource facing sharply competitive needs.  Climate change is projected to put even more strain on water supplies.  Second, most streams listed as water-quality impaired in the West are designated as such for issues related to the… Continue Reading

Sooners Beat Longhorns in Red River Bowl

Posted in Water Law
In a unanimous decision issued June 13, the Supreme Court put an end to a parched Texas municipal utility’s bid to secure an Oklahoma water right.  In Tarrant Regional Water District v. Herrmann, the Court rejected every argument Tarrant advanced to access Red River basin water on the Oklahoma side. The fabled college football rivalry… Continue Reading