Somach Simmons & Dunn | Attorneys at Law
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On May 5, 2025, the Fresno County Superior Court ruled that the California State Water Resources Control Board (State Water Board) exceeded its statutory authority in issuing a cease-and-desist order ... read more
On April 2, 2025, the Fifth District Court of Appeal issued its Opinion in Bring Back the Kern v. City of Bakersfield, Case No. F087487, reversing the Kern County Superior ... read more
Nestled among the Rocky Mountains, Colorado is home to a natural treasure that has captivated visitors and locals for centuries: geothermal hot springs. From the tranquil waters of ancient geothermal ... read more
They are not few and far between—rather, the vast majority of rivers in Colorado (or at least large reaches therein) have been designated as over-appropriated. This year, Colorado’s White River ... read more
In a split decision in City and County of San Francisco, California v. Environmental Protection Agency, the United States Supreme Court held the Clean Water Act (CWA) does not authorize ... read more
In California, a levy, charge, or exaction imposed by a local government is an unconstitutional and invalid tax if it does not qualify as one of seven enumerated tax exceptions ... read more
On January 23, 2025, the Delta Stewardship Council (Council) adopted a 33-page decision (“Decision” or “D20242”) regarding the California Department of Water Resources’ (DWR) Certification of Consistency (Certification) with the ... read more
Introduction A recent decision from the Sixth District Court of Appeal in Rosedale-Rio Bravo Water Storage District v. Buena Vista Water Storage District, et al. (Dec. 23, 2024, H051858) (nonpub. ... read more
On November 14, 2024, the seven members of the Surface Water Coalition (SWC) and nine Ground Water Districts (GWDs) spanning the Eastern Snake Plain Aquifer (ESPA) finalized the “2024 Stipulated ... read more
The limits to federal jurisdiction over “waters of the United States” (WOTUS) have continued to develop following the Supreme Court’s landmark decision in Sackett v. Environmental Protection Agency, as federal ... read more
This alert follows up on a prior alert detailing the Idaho Department of Water Resources’ (IDWR) May 30, 2024 order (Curtailment Order) directing the curtailment of certain ground water rights ... read more
During the height of the 2022 drought, ranchers in Siskiyou County diverted Shasta River water in violation of the State Water Resources Control Board’s (SWRCB) Klamath River Watershed Drought Emergency ... read more
Nearly a half-century after its formal start, Oregon’s Klamath Basin Adjudication (KBA) is lurching toward a significant milestone: a judgment in the trial court. Oregon’s water rights adjudication law establishes ... read more
In 1937, the U.S. Congress authorized the Colorado-Big Thompson Project (CBT), a complex transbasin diversion project that diverts water from the headwaters of the Colorado River on the Continental Divide’s ... read more
As California’s climate continues to experience prolonged, intense drought years, California water utilities must now balance the need to conserve water against the financial demands required to run a profitable ... read more
On June 20, 2024, the Sacramento County Superior Court stopped the California Department of Water Resources (DWR) from undertaking further geotechnical investigations implementing the Delta Conveyance Project (DCP) until DWR ... read more
The phrase “Waters of the United States” (or “WOTUS”) is a contender for the five words that have been subject to the most judicial and executive whiplash since 1972. Under ... read more
On May 30, 2024, the Director of the Idaho Department of Water Resources (IDWR) issued a Final Order Curtailing Ground Water Rights Junior to March 31, 1954 (Curtailment Order) as part ... read more
On May 23, 2024, the Ninth Circuit Court of Appeals issued a 68-page decision in NRDC, et al. v. Haaland, et al. (Case No. 21-15163), which affirmed the district court’s ... read more
A prior alert provided an overview of various administrative matters before the Idaho Department of Water Resources (IDWR) that share a common theme: increasing the regulation of pumping by junior ... read more
On March 28, 2024, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the “Services”) finalized revisions to regulations that implement Section 4 and ... read more
The State Water Resources Control Board’s (State Board) three-day workshop to evaluate the proposed Voluntary Agreements, held from April 24 through 26, was the latest step in the State Board’s ... read more
Following back-to-back wet winters bringing torrential rainstorms and record-breaking blizzards, water users throughout California may have cause for optimism when it comes to their water supply for 2024. After an ... read more
The Fourth District Court of Appeal has ruled in Mojave Pistachio, LLC et al. v. Superior Court of Orange County, Indian Wells Valley Groundwater Authority (Case No. G062327, opinion published ... read more
The Shoshone Generating Station (Plant) is a hydroelectric power plant located on the Colorado River east of Glenwood Springs, Colorado. The Plant began generating power in 1909 and holds the ... read more
