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As the Newsom administration nears the end of its term, the Department of Water Resources (DWR) continues to seek key approvals for the Delta Conveyance Project (DCP), which would divert ... read more
On August 17, 2026, the Ninth Circuit Court of Appeals affirmed the District Court ruling that the United States Bureau of Reclamation (Reclamation) did not need to undertake National Environmental ... read more
Colorado water law is famously known for its strict adherence to the prior appropriation regime that governs much of the American West. So much so, in fact, it even has ... read more
With family roots deeply embedded in agriculture and a desire to pursue a legal career “at the intersection of water, environmental and agricultural law,” Jessica Friley is the first recipient ... read more
The U.S. Fish and Wildlife Service and National Marine Fisheries Service (the “Services”) recently finalized a significant Endangered Species Act (ESA) rule that rescinds the regulatory definition of “harm” (the ... read more
With over four decades of experience and a national reputation as one of the most respected practicing water law attorneys in the West, Stuart Somach recently expanded his water law ... read more
Water attorney Oliver Skelly has joined Somach Simmons & Dunn's Colorado office where he will work with clients on water rights, water quality and Western water law. He is a graduate ... read more
On June 29, 2026, the Supreme Court of the United States granted Nebraska’s motion requesting the Court’s permission to file a bill of complaint against Colorado for alleged violations of ... read more
The Colorado Supreme Court recently issued a significant ruling for water providers and private landowners alike, confirming as legally authorized by Colorado statutes the condemnation of land for water right ... read more
The Madera County Superior Court has issued a tentative decision upholding the groundwater sustainability fees adopted by the Madera County Groundwater Sustainability Agency (County GSA). The ruling in Valley Groundwater ... read more
This week, the U.S. Supreme Court put an end to thirteen years of original jurisdiction litigation between the States of Texas, New Mexico, Colorado, and the United States by entering ... read more
Growing use of Artificial Intelligence (AI) and cloud computing corresponds to an increasing need to develop data centers, many of which must use water to cool servers, to control humidity, ... read more
In a recent decision with important implications for irrigators, landowners, and water users across Colorado, the Colorado Supreme Court clarified who may enforce Colorado’s statutory prohibition on “water waste.” In ... read more
On April 27, 2026, the Sacramento County Superior Court, Assistant Presiding Judge Steven M. Gervercer, denied a motion by the State Water Contractors (Water Contractors) to disqualify Judge Stephen P. ... read more
Disputes between senior surface water users and junior ground water users in eastern Idaho are nothing new. As covered in prior SSD alerts from June 2024, November 2024, and August ... read more
Colorado is heading into one of the most severe drought years in modern memory—and for many water users who have never faced a water call, this may be the year ... read more
Somach Simmons & Dunn is pleased to announce the formation of a new scholarship, The Paul S. Simmons Legacy Scholarship. The scholarship was established upon the 2025 retirement of co-founding ... read more
AB 2026 is a California Assembly bill recently introduced by Assemblymember Aguiar-Curry, referred on March 23, 2026, to the Assembly Committee on Water, Parks, and Wildlife. Although the bill is ... read more
SACRAMENTO, CA – Today, Judge Stephen Acquisto of the Sacramento County Superior Court rejected an attempt by the California Department of Water Resources (DWR) to deprive two million residents of ... read more
On February 26 and 27, 2026, the Delta Stewardship Council (Council) held a two-day public hearing to address ten appeals challenging the California Department of Water Resources’ (DWR) Certification of ... read more
On January 14, 2026, the Third District Court of Appeal issued a published opinion upholding the City of American Canyon’s (City) environmental impact report (EIR) and accompanying water supply assessment ... read more
We are excited to announce that attorney Casey Shorrock has been promoted to shareholder at Somach Simmons & Dunn. Casey’s law practice focuses on CEQA, NEPA, natural resources, including water, ... read more
On December 31, 2025, the Third District Court of Appeal issued an opinion rejecting the Department of Water Resources’ (DWR) attempt to validate its authority to issue revenue bonds for ... read more
On November 20, 2025, the U.S. Army Corps of Engineers (USACE) and Environmental Protection Agency (EPA) published a proposed rule to redefine “waters of the United States,” commonly referred to ... read more
Introduction Colorado’s judicial system of water rights is among the most complex and carefully regulated in the United States. Rooted in the doctrine of prior appropriation—“first in time, first in ... read more