Somach Simmons & Dunn | Attorneys at Law
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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
President Biden’s “Build Back Better” initiative proposes to invest $111 billion in rebuilding and modernizing drinking water and wastewater infrastructure, as well as funding other water quality-related priorities, including addressing ... read more
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
