Somach Simmons & Dunn | Attorneys at Law
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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
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
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
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
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
Most Colorado water users understand that water rights are valuable property rights—but many do not realize how quickly those rights can be affected if you fail to act when someone ... read more
On September 5, 2025, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) issued its decision in Pacific Coast Federation of Fishermen’s Associations v. Nickels, Case No. ... read more
SSD Environmental Alerts in 2023 and 2024 reported on the Idaho Department of Water Resources’ (IDWR) administration of the Surface Water Coalition’s (SWC) delivery call on Eastern Snake Plain Aquifer ... read more
The Colorado General Assembly convened its 2025 legislative session January 8, 2025, and adjourned on May 7, 2025. Below is a highlight summary of water-related legislation passed by the General Assembly and ... read more
On July 24, 2025, the California State Water Resources Control Board (State Board) staff released a revised draft of proposed updates (2025 Draft Update) to the Water Quality Control Plan ... read more
A tributary well field is not defined in the Colorado Water Code. However, water courts have entered decrees allowing for the designation of tributary well fields. In general, a conditional ... read more
Case Overview NEPA implementation is evolving. And change is dominating the conversation — as colleagues previously reported. Recently, in Seven County Infrastructure Coalition v. Eagle County, Colorado (Seven County), the ... read more
On May 22, 2025, the California State Water Resources Control Board (State Board) provided notice of an additional 15-day written comment period on its proposed revisions to the water measurement and ... read more
