Somach Simmons & Dunn | Attorneys at Law
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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On December 8, 2020, the United States Environmental Protection Agency (EPA) issued draft guidance intended to clarify when a National Pollutant Discharge Elimination System (NPDES) permit is required under the ...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
On September 17, 2020, the Nevada Supreme Court issued a decision on whether Nevada’s public trust doctrine permits reallocation of water rights previously settled under Nevada’s prior appropriation doctrine. The ... 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
On May 7, 2020, the Third District Court of Appeal issued a much-anticipated ruling in Modesto Irrigation District (MID) v. Tanaka, (Super. Ct. No. 34-2011-00112886-CU-JR-GDS) holding that the question of ... read more
During the May 5, 2020 State Water Resources Control Board Meeting, Staff and Board members provided an update on prospective water rights curtailments for 2020. First, Staff discussed the potential ... read more
On Thursday, the United States Supreme Court, in a 6-3 opinion, expanded the applicability of the Clean Water Act’s (Act) permitting requirements to require a National Pollutant Discharge Elimination System ... read more
On March 13, 2020, water users in the Klamath Reclamation Project (Project) petitioned the United States Supreme Court to review the Federal Circuit Court of Appeals’ decision in Baley, et ... read more
Special Master Michael Melloy issued an Order dated March 31, 2020 dismissing all but two of New Mexico’s counterclaims in the ongoing original jurisdiction action regarding Rio Grande Compact (Compact) ... read more
Somach Simmons and Dunn intends to provide periodic updates regarding the potential impacts of the novel coronavirus (COVID-19) on operations for water agencies and service providers. This alert summarizes five ... read more
