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Water Blog

  • 06
  • September
  • 2016

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State Representative Seeks Attorney General Opinion on Controversial San Saba River Management Plan

In an August 26 request for a formal opinion of Texas Attorney General Ken Paxton, State Representative J.D. Sheffield asked the Attorney General to weigh in on the constitutionality of the proposed Upper San Saba River Management Plan (“the Plan”), which would allow a private board to oversee all diversions of water from the upper portion of the San Saba River.

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Sixth Circuit Declines to Revisit Its Decision to Keep Jurisdiction Over WOTUS Litigation

On Thursday, April 21, the full Sixth Circuit denied six petitions for en banc rehearing of a three-judge panel’s February 2016 decision that the court of appeals has jurisdiction to hear challenges to the controversial Waters of the United States (“WOTUS”) rule. The decision is a disappointment for states and industry groups, who seek to litigate the rule in district courts across the country.

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Decision Invalidating TCEQ’s Drought Curtailment Rules is Final

On February 19, 2016, the Texas Supreme Court declined to hear a challenge to a lower court ruling in Texas Commission on Environmental Quality v. Texas Farm Bureau et al., which held that Texas cannot treat cities and power generators preferentially compared to parties with more senior water rights, even if the state declares it necessary to protect the public health, safety, and welfare.

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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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Colorado's Interbasin Compact Committee Releases "Seven Points" for Negotiating New Transmountain Diversions: A New Paradigm or Potential Impediment to Mega Projects?

A long-standing controversy in Colorado involves the diversion of water supplies from the Colorado River System for use by cities and farms on the Front Range. The second draft of Colorado’s Water Plan, released last month, includes a revised “conceptual framework” for future negotiations over development of new transmountain diversions (TMDs).

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