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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
We're pleased to acknowledge a group of Somach Simmons & Dunn attorneys for their inclusion in the 2020 Super Lawyers lists. Honorees are selected through a process that blends feedback ... 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
The latest Supreme Court opinion on Indian law could have implications for jurisdiction over water rights administration and other natural resources in the West. In the 5-4 decision McGirt v. ... 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
The California Air Resources Board (CARB) is conducting a remote public hearing on July 23, 2020 at 9:00 a.m., to consider adopting “Procedures for the Exemption of Add-On and Modified Part(s) ... 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 April 20, 2020, the U.S. Supreme Court (Court) announced that state courts may hear state-law claims imposing independent cleanup obligations on Superfund site owners, but for sites where a ... 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
We invite you to catch up with Somach attorneys and clients through this snapshot of our press releases, alerts, events and media coverage. COVID-19 Alerts SIGN UP to receive our ... read more
Today the California Department of Fish and Wildlife (CDFW) issued a much-anticipated new incidental take permit (ITP) allowing the California Department of Water Resources (DWR) to continue operating the State ... read more
Somach Simmons & Dunn intends to provide periodic updates regarding the potential impacts of the novel coronavirus (COVID-19) on operations for water agencies. This first alert provides a summary of ... read more
Dear Clients and Friends, In recognition of the current CDC guidelines regarding the risks associated with COVID-19, as well as directives by our local, state and federal authorities, Somach Simmons ... read more
The Department of Water Resources (DWR) is soliciting public comment on the scope of environmental review for a revised Delta tunnel project despite prior findings of independent technical experts that ... read more
On February 19, 2020, the Bureau of Reclamation (Reclamation) issued a Record of Decision (ROD) for the Central Valley Project (CVP) operations. The ROD is the final agency action to ... read more
The California Air Resources Board (CARB) recently announced that the first application period for the Funding Agricultural Replacement Measures for Emission Reduction (FARMER) program in the state’s smaller air districts ... read more
