New Rules Influence Groundwater Development in Park City, Utah and the Snyderville Basin

In September, the Utah State Engineer’s Office adopted a new Groundwater Management Plan for the Snyderville Basin and Park City.  The new Management Plan affects, among others, those considering purchasing water rights, changing existing water rights, or pursuing new development … Continue reading

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High Court to Clarify Murkiness of Clean Water Act Liability for Pollution Via Groundwater

by Anthony W. Merrill Recently, the United States Supreme Court agreed to consider whether liability under the Clean Water Act (“CWA”) extends to pollution traveling through groundwater prior to reaching federally regulated water. The Court’s decision may drastically redefine the … Continue reading

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Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater

by L. William Staudenmaier On March 7, 2017, the Ninth Circuit Court of Appeals issued its decision in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, Case No. 15-55896.  In this decision, the Court unequivocally held that … Continue reading

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Federal Appeals Court to Determine Tribal Reserved Rights to Groundwater

by Christopher W. Payne The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes … Continue reading

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