Somach Simmons & Dunn | Attorneys at Law
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On Friday, November 18, 2022, the Court of Appeal for the Sixth Appellate District (Sixth District Court) reversed the Santa Clara County Superior Court’s denial of an attorneys’ fees award ... read more
On October 28, 2022, the U.S. Bureau of Reclamation issued a release stating it is initiating efforts to modify the existing operating guidelines for Glen Canyon and Hoover Dams in ... read more
The 2022 California legislative session, which closed in August, included three bills aimed at addressing sources of per- and polyfluoroalkyl substances (PFAS). PFAS describe a large category of man-made chemical ... read more
The Colorado Department of Public Health and Environment’s Water Quality Control Division (WQCD) has proposed significant revisions to the nutrient water quality regulations for lakes and reservoirs across the State. ... read more
Yesterday the Court of Appeal for the Sixth Appellate District agreed with Santa Clara County Superior Court Judge Walsh (Ret.) that the State Water Resources Control Board’s (State Board) curtailment ... read more
On September 8, 2022, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) issued its decision in Klamath Irrigation District et al. v. United States et al., ... read more
In August 2022, the 2022 California legislative session closed with various relevant legislative measures either moving to the Governor’s desk for signature or failing in committee. Below is a small ... read more
Tensions in the Colorado River Basin continue to escalate this summer amid the driest period in the basin in the past 1,200 years. Here is a snapshot of where things ... read more
In an opinion published on July 27, 2022, the First District Court of Appeal considered the application of the California Environmental Quality Act (CEQA) to a public agency’s administration of ... read more
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
