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Texas v. New Mexico
Consent decree proposed by States could not be entered without express consent of the United States because the decree would have disposed of the United States' claims without its consent.
Civil Procedure, Water Rights USSC Jun. 24, 2024
Mission Springs Water Dist. v. Desert Water Agency
Substantial compliance with notice requirement by agency with exclusive statutory authority to serve as groundwater sustainability agency justified Department of Water Resource's refusal to publish another agency's notice of intent.
Water Rights 4DCA/1 Apr. 15, 2024
Modification: Planning and Conservation League v. Dept. of Water Resources
Environmental impact analysis of amendments extending existing State Water Project contracts did not violate the California Environmental Quality Act despite testimony they could be used to fund a separate project.
Water Rights 3DCA Jan. 29, 2024
Planning and Conservation League v. Dept. of Water Resources
Environmental impact analysis of amendments extending existing State Water Project contracts did not violate the California Environmental Quality Act despite testimony they could be used to fund a separate project.
Water Rights 3DCA Jan. 9, 2024
City of Marina v. County of Monterey
Where other local entities failed to form a groundwater agency, the Sustainable Groundwater Management Act allowed for local county to form groundwater agency and decide management of overlapped area.
Water Rights 6DCA Nov. 15, 2023
Westlands Water District v. All Persons Interested et al.
To obtain judicial decree validating water district's contract with government, essential term of district's repayment obligation was necessary.
Water Rights 5DCA Sep. 6, 2023
Bull Field, LLC v. Merced Irrigation Dist.
Merced Irrigation District did not make an arbitrary decision to refuse to sell appellants surplus surface water since appellant's principal was difficult to do business with.
Water Rights 2DCA/2 Nov. 21, 2022
Modification: California Water Curtailment Cases
The State Water Resources Control Board did not have the authority to prevent pre-1914 appropriative and riparian water rights holders from diverting water in the time of a severe drought.
Water Rights 6DCA Sep. 30, 2022
California Water Curtailment Cases
The State Water Resources Control Board did not have the authority to prevent pre-1914 appropriative and riparian water rights holders from diverting water in the time of a severe drought.
Water Rights 6DCA Sep. 14, 2022
Dow v. Lassen Irrigation Company
Trust's interpretation of the Susan River Water Rights decree, giving trust superior water rights than plainly allotted in the decree, was unreasonable.
Water Rights 3DCA Jun. 1, 2022
Modification: Mission Peak Conservancy v. State Water Resources Control Board
State Water Resources Control Board action of granting a small domestic use registration is ministerial, and therefore exempt from the California Environmental Quality Act (CEQA).
Water Rights 1DCA/5 Dec. 21, 2021
Mission Peak Conservancy v. State Water Resources Control Board
State Water Resources Control Board action of granting a small domestic use registration is ministerial, and therefore exempt from the California Environmental Quality Act (CEQA).
Water Rights 1DCA/5 Dec. 17, 2021
Food & Water Watch v. U.S. Environmental Protection Agency
Environmental Protection Agency's permit to Concentrated Animal Feeding Operations must contain sufficient monitoring provisions to ensure wastewater discharge compliance.
Water Rights 9th Dec. 17, 2021
Mississippi v. Tennessee et. al.
The waters of the Middle of Claiborne Aquifer were subject to the remedy of equitable apportionment because the equitable apportionment was sufficiently similar to past applications of the remedy to warrant the same treatment.
Water Rights USSC Nov. 23, 2021
Modification: Central Delta Water Agency v. Dept. of Water Resources
Trial court has authority to leave as-is earlier project approvals while an agency seeks California Environmental Quality Act compliance.
Water Rights 3DCA Oct. 22, 2021
Central Delta Water Agency v. Dept. of Water Resources
Trial court has authority to leave as-is earlier project approvals while an agency seeks California Environmental Quality Act compliance.
Water Rights 3DCA Sep. 23, 2021
California Manufacturers & Technology Assoc. v. State Water Resources Control Bd.
State Water Resources Control Board's maximum contaminant level for trichloropropane complied with Safe Drinking Water Act's requirement that new drinking water standards be 'economically feasible.'
Water Rights 3DCA May 19, 2021
Dow v. Honey Lake Valley Resource Conservation Dist.
Irrigation Company may simultaneously exercise its rights to divert and store water, as provided in paragraph 21 exception of Susan River Water Right Decree.
Water Rights 3DCA May 5, 2021
Antelope Valley Groundwater Cases
Plaintiff was subject to provisions of trial court's Physical Solution because he had not shown the extent or reasonableness of his claimed beneficial uses of water.
Water Rights 5DCA Apr. 16, 2021
Antelope Valley Groundwater Cases
Physical Solution did not violate California's water rights priorities structure and was consistent with prior settlement in this water rights adjudication.
Water Rights 5DCA Apr. 8, 2021
Florida v. Georgia
Florida failed to prove by clear and convincing evidence that Georgia's alleged overconsumption of water caused serious harm to Florida's oyster fisheries or its river wildlife and plant life.
Water Rights USSC Apr. 2, 2021
Modification: Sweeney v. California Regional Water Quality Control Board
Regional Water Quality Control Board's order imposing civil penalties was sufficiently supported by its finding that respondents' activities violated environmental laws and regulations.
Water Rights 1DCA/3 Mar. 22, 2021
Sweeney v. California Regional Water Quality Control Board
Regional Water Quality Control Board's order imposing civil penalties was sufficiently supported by its finding that respondents' activities violated environmental laws and regulations.
Water Rights 1DCA/3 Feb. 23, 2021
Antelope Valley Groundwater Cases
Expert testimony provided substantial support for trial court's conclusion that parties' stipulated plan would restore basin to hydrological balance.
Water Rights 5DCA Jan. 11, 2021
Texas v. New Mexico
New Mexico was entitled to delivery credit pursuant to Section C.5 of the River Master's Manual after water stored at the request of Texas evaporated in storage.
Water Rights USSC Dec. 15, 2020
Antelope Valley Groundwater Cases
Trial court correctly rejected appellant's claim that it had cognizable water rights as an appropriator for municipal purposes.
Water Rights 5DCA Dec. 11, 2020
Modification: Abatti v. Imperial Irrigation District
Irrigation District abused its discretion in how it prioritized water apportionment among categories of water users in 2013 Equitable Distribution Plan.
Water Rights 4DCA/1 Aug. 6, 2020
Abatti v. Imperial Irrigation District
Irrigation District abused its discretion in how it prioritized water apportionment among categories of water users in 2013 Equitable Distribution Plan.
Water Rights 4DCA/1 Jul. 22, 2020
Amended Opinion: Pacific Coast Federation of Fishermen's Associations v. Glaser
District court erred by interpreting 'entirely' to mean 'majority,' in Clean Water Act's exemption to permitting requirement, and error was but-for cause of dismissal of plaintiff's claim; thus, dismissal was reversed.
Water Rights 9th Dec. 23, 2019
Tesoro Refining v. L.A. Regional Water Quality Control Bd.
Substantial evidence supported trial court's denial of plaintiff's writ of mandate challenging Regional Water Quality Control Board's cleanup and abatement order.
Water Rights 2DCA/3 Nov. 27, 2019