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Water Blog

Two Recent Water Transfer Cases Further Interpret Different Transfer Rules

On October 5, 2015, environmentalists filed a petition asking the U.S. Court of Appeals for the Ninth Circuit to reconsider a district court’s decision in Oregon Natural Resources Council Action v. U.S. Bureau of Reclamation. On August 21, 2015, the court held that the Bureau of Reclamation (“Bureau”) did not violate the Clean Water Act (“CWA”) by transferring waters from the Klamath Straits Drain into the Klamath River.

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  • 16
  • October
  • 2015

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Texas Supreme Court Denies Review of a Water Well Damage Dispute

On September 25, the Supreme Court of Texas denied a petition for review filed by Canadian River Municipal Water Authority. Canadian argued that property owner Hayhook Ltd. could not file suit to enforce a settlement agreement between the parties, and sought reversal of a ruling by the Seventh Court of Appeals that held that governmental immunity cannot be invoked to evade enforcement of a settlement agreement that covers claims for which immunity had been waived. 

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Accommodating Another Wrinkle in Texas Water Law? – Coyote Lake Ranch LLC v. Lubbock

On October 14, 2015, the Texas Supreme Court is set to hear a water rights case that could shake up water law in Texas. The Texas high court has agreed to hear Coyote Lake Ranch LLC v. Lubbock, a case in which the plaintiff‑ranch argues that the accommodation doctrine should apply to restrict the City of Lubbock from drilling 80 water wells on the property because it would unreasonably disrupt its existing ranching activities.

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Margaret E. Peloso

Margaret E. Peloso Partner

Theresa Romanosky

Theresa Romanosky Senior Associate

Brandon M. Tuck

Brandon M. Tuck Senior Associate

Ross Woessner

Ross Woessner Associate

Jay Rothrock

Jay Rothrock Senior Associate