Somach Simmons & Dunn | Attorneys at Law
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Following a temporary delay in Colorado federal court, the Trump administration’s Navigable Waters Protection Rule (NWPR) will now take effect in Colorado on April 23, 2021. Under the NWPR, the ... read more
On April 6, 2021, the State Water Resources Control Board (State Board) approved the application of the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to ... read more
As a result of increasing demand for water, exacerbated by the decades-long drought in the Colorado River system, the Colorado State Engineer is considering a proposal that would impose stricter ... read more
On January 28, 2021, the Ninth Circuit Court of Appeals (Ninth Circuit) issued a decision addressing issues related to the extent to which the public trust doctrine may be used ... read more
If you live in the Colorado Front Range region, your treated water supply may have or currently include groundwater from the Denver Basin aquifer system. If you are one of ... read more
The U.S. Bureau of Reclamation (Reclamation) released three documents related to its consultation obligations under the Endangered Species Act (ESA) for its operation of the Klamath Project (Project) in south-central ... read more
The Sacramento County Superior Court recently issued a final decision in San Joaquin Tributaries Authority v. California State Water Resources Control Board, finding that the State Water Resources Control Board ... read more
President Trump signed the Consolidated Appropriations Act, 2021 (“Appropriations Act” or “Act”) on December 27, 2020. The Appropriations Act is a true omnibus. It covers an array of topics, including ... read more
On December 8, 2020, the United States Environmental Protection Agency (EPA) issued draft guidance intended to clarify when a National Pollutant Discharge Elimination System (NPDES) permit is required under the ... read more
In 2014, the California Legislature passed Proposition 1 dedicating $2.7 billion for investments in water storage projects and giving the California Water Commission (Commission) new responsibilities such as distributing the funds set ... read more
On November 17, California, Oregon, PacifiCorp, and the Yurok and Karuk Tribes announced a new agreement with the Klamath River Renewal Corporation (KRRC) to reaffirm KRRC’s status as dam removal ... read more
The Court of Appeal for the Second Appellate District recently ruled that a plaintiff challenging the method that a special district uses to calculate rates in a judicial action need ... read more
Efficiency in federal water issues is a goal sought by many different users across all political and user spectrums. On October 13, 2020, President Trump issued an Executive Order (Order) ... read more
Somach Synopsis - Mineral County v. Lyon County This decision impacts how the public trust is viewed specifically in Nevada, but it also provides insights into public trust law in ... read more
In Utah, there is a significant effort underway to build a water delivery pipeline from Lake Powell to transport part of Utah’s Colorado River entitlement to Utah’s St. George area. ... read more
On August 27, 2020, the California Supreme Court clarified the scope of decisions that require environmental review under the California Environmental Quality Act (CEQA). In Protecting Our Water and Environmental ... read more
On August 25, 2020, the California Environmental Protection Agency released a new study suggesting that the state’s wastewater treatment plants (“treatment plants” or “facilities”), if operating at maximum co-digestion capacity, ... read more
In Colorado, the State Engineer has added flexibility to perfecting junior conditional water rights. Under a Written Instruction issued by the Colorado State Engineer on July 21, 2020, Division of ... read more
Imperial Irrigation District (“IID” or “District”), which provides the only source of fresh water to California’s Imperial Valley, implemented an “equitable distribution plan” (EDP) to allocate its water entitlement amongst ... read more
It’s that time again! Once a decade the State of Colorado reviews water rights for potential abandonment. On July 1, 2020, the Colorado Division of Water Resources released its decennial ... read more
On June 24, 2020, the United States District Court for the Eastern District of California denied the preliminary injunctive relief requested by a coalition of fishery and environmental groups (Plaintiffs) ... read more
On June 18, 2020, the Third District Court of Appeal affirmed the lower court’s determination that the State Water Resources Control Board (State Water Board) lawfully adopted emergency regulations and ... read more
On Monday, June 15, the U.S. House of Representatives received the newly-minted Indian Water Rights Settlement Extension Act, introduced in the U.S. Senate and which passed that chamber earlier this ... read more
On June 1, 2020, the United States Environmental Protection Agency (EPA) announced a final rule revising license and permit issuance rules under Section 401 of the Clean Water Act (CWA). ... read more
On May 5, 2020, the State Water Resources Control Board (State Water Board) adopted regulations to update the Environmental Laboratory Accreditation Program (ELAP), which oversees the accreditation of environmental testing ... read more
