Somach Simmons & Dunn | Attorneys at Law
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Background The Snake River rises in northwest Wyoming and crosses into Idaho near Heise, ID. In Idaho, Water District 01 (WD01) administers water rights, including storage rights, in the area ... read more
Though the Delta Conveyance Project (“DCP” or the “Project”) was only recently approved by the Department of Water Resources’ (“DWR” or the “Department”) after completing the lengthy California Environmental Quality ... read more
“First in time, first in right” is the old adage underpinning the prior appropriations doctrine. Stated more fully, a person that diverts water from a stream and applies it to ... read more
On December 5, 2023, the State Water Resources Control Board (State Board) held a public hearing on the proposed amendments to its Water Quality Enforcement Policy (“Enforcement Policy” or “Policy”). ... read more
The San Francisco Bay/Sacramento-San Joaquin Delta (Bay-Delta) is a vast and unique watershed, encompassing thousands of miles of land stretching from the northern reaches of the Sacramento River and its ... read more
This alert provides a general overview of various pending matters that affect the interests of water users located within the boundaries of the Eastern Snake River Plain Aquifer (ESPA). All ... read more
Every five years, the California Department of Water Resources (DWR) prepares the California Water Plan, a statutorily mandated strategic plan to guide the management and control of the state’s water ... read more
In conjunction with America’s early westward expansion and the development of the prior appropriation doctrine, Western states developed specific private rights of condemnation for water conveyance structures (also known as ... read more
The 2023 California legislative session concluded on September 14, 2023. This article highlights new bills pertaining to water rights, the California Environmental Quality Act (CEQA), and emissions on the consumer ... read more
The “Making Conservation a California Way of Life” regulation (Proposed Conservation Regulation) seeks to establish the methods and criteria that large municipal water suppliers must use to calculate their “urban ... read more
When purchasing a parcel of land—whether a primary residence, vacation home, industrial complex, or working ranch—the existence or non-existence of water rights, and the characteristics and elements of any such ... read more
On August 4, 2023, Governor Newsom issued Executive Order N-10-23, the latest in a series of executive orders addressing the impacts of the series of atmospheric rivers that caused a ... read more
California Senate Bill 389 (SB 389) is a legislative effort to increase the State Water Resources Control Board’s (State Water Board) authority over pre-1914 appropriative water rights and riparian water ... read more
Reclamation recently announced that CVP contractors using 2,000 acre-feet or more of water must resume development and submittal of water management plans. The plan, which must address the efficient use ... read more
In an opinion with the potential to significantly impact future challenges to agency action – including, notably, challenges to biological opinions prepared in accordance with the Endangered Species Act (ESA) ... read more
Background of the Case: Sackett v. Environmental Protection Agency On May 25, 2023, the United States Supreme Court (Supreme Court) issued its decision in Sackett v. Environmental Protection Agency, et ... read more
On May 1, 2023, the Colorado Supreme Court defined the State Engineer’s authority to enforce terms and conditions of Substitute Water Supply Plans (SWSP). SWSPs are a common tool to ... read more
The San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan (Bay-Delta Plan) is currently undergoing its periodic review of updates and amendments by the State Water Resources Control Board ... read more
The Colorado General Assembly adjourned its 2023 legislative session on May 8, 2023. Below is a highlight summary of water-related legislation passed by the General Assembly. Of the bills passed, ... read more
Controversy over the Clean Water Act definition of “waters of the United States” persists as the Biden Administration’s new rule goes into effect in 24 states, but is enjoined in ... read more
On April 4, 2023, the Santa Clara County Superior Court ordered the State Water Resources Control Board (State Board) to reimburse a group of California irrigation districts and water agencies ... read more
In furtherance of its efforts to address the considerable challenges related to water scarcity in the West, the U.S. Department of Agriculture (USDA) unveiled the Western Water and Working Lands ... read more
On February 27, 2023, the Court of Appeal for the Second Appellate District (Court of Appeal) affirmed in part and reversed in part the Los Angeles Superior Court’s decision in ... read more
On February 21, 2023, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) issued its decision in American Rivers v. American Petroleum Institute, Case No. 21-16958, reversing ... read more
On February 6, 2023, the District Court for the Northern District of California issued its order on pending motions for summary judgment in Yurok Tribe, et al. v. U.S. Bureau ... read more
