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In a June 10, 2022, memorandum (the “Memo”), the Colorado Division of Water Resources (DWR) summarized the agency’s position on water court applications for water exchanges involving wells pumping from ... read more
Last week Governor Newsom signed Assembly Bill (AB) 2505 into law, clarifying that irrigation districts may impose increased penalties for water theft under Government Code section 53069.45, in addition to ... read more
On June 6, 2022, the United States Court of Federal Claims issued a decision in City of Fresno, et al. v. United States and San Luis & Delta Mendota Water ... read more
The Colorado General Assembly adjourned its 2022 legislative session on May 11, 2022—below is a highlight summary of water-related legislation passed by the General Assembly, along with a few notable ... read more
The California State Water Resources Control Board (State Water Board) is in the process of revising the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Water Quality Order No. ... read more
Siding with public agencies and environmental groups who filed numerous legal challenges to the “twin tunnel” Delta conveyance project known as California WaterFix, the Third District Court of Appeal today ... read more
As spring arrives in Colorado, ditch companies across the state will begin running their ditches for the benefit of their shareholders and other water users. Like most arid Western states, ... read more
Last week, Governor Newsom issued an executive order calling on state and local agencies to increase water conservation measures following the driest January, February, and March on record. Executive Order ... read more
A recent decision by the Third District Court of Appeal upholding El Dorado Irrigation District’s (EID) environmental document for a ditch piping project will provide helpful guidance to water agencies ... read more
Interstate water controversies come in all shapes and sizes, and Nebraska Governor Pete Ricketts recently conjured up a puzzling new one: “Colorado is looking to take our water.” This past ... read more
Despite the exceptionally heavy rain events in October and December 2021, California is still experiencing severe drought conditions. In response to these statewide dry conditions, and Governor Newsom’s October 2021 ... read more
In the Colorado River basin, water users can continue to expect more conservation projects in 2022, particularly in the Lower Basin states. In December, the Bureau of Reclamation and the ... read more
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) recently released the long-anticipated proposed rule redefining the scope of waters protected by the Clean Water ... read more
For public water service providers, developers, agriculture, industry—truly anyone responsible for managing a water supply for an individual property or an entire city, county, or region—now is the time to ... read more
The United States Supreme Court unanimously decided its first interstate groundwater case, finding that Mississippi must rely on the doctrine of equitable apportionment to invoke the Court’s original jurisdiction for ... read more
The recently enacted Infrastructure Investment and Jobs Act (Act) may help ease varied water concerns across the country, especially in the West in regard to its supply issues. The Act ... read more
At the close of the 2021 Water Year in October, the Colorado River basin remains in significant drought, despite summer monsoons and early fall precipitation across the West. This summer, ... read more
Wetlands management and related federal permitting is changing –AGAIN. If you or your organization seek wetlands or related permitting, then the latest changes in for “navigable waters” impact both regulators ... read more
On September 14, 2021, the United States District Court for the Eastern District of California denied preliminary injunctive relief requested by three environmental advocacy groups (Plaintiffs) seeking to bar the ... read more
The California Legislature recently passed Senate Bill 332 (SB 332), which would increase legal protections for professionals responsible for setting prescribed burns – or “the planned application and confinement of ... read more
As discussed in our July 28, 2021, Policy Alert, the State Water Resources Control Board (SWRCB) recently adopted the Draft Emergency Reporting and Curtailment Regulation (Regulation), to authorize curtailments of water ... read more
Like many cities across the West, Glenwood Springs, Colorado (Glenwood) has been forced to restrict residential water use this summer.[1] But rather than drought, or lack of supply, the restrictions ... read more
California’s Sacramento-San Joaquin Delta (Delta) is currently experiencing one of the driest years in recorded history. The US Drought Monitor recently classified large portions of the Delta Watershed as being ... read more
Last month, California Coastkeeper Alliance (Coastkeeper) filed suit seeking to enjoin Sonoma County from issuing groundwater well permits until it adopts a program to consider and protect public trust resources ... read more
While arid conditions have prevailed in the Colorado River Basin since the turn of the century, 2021 stands out as a particularly dry year across all of the seven basin ... read more
