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At the Confluence of the Clean Water Act and Prior Appropriation: The Challenge and Ways Forward

In the western United States, the management of surface water quality and quantity is highly compartmentalized. This compartmentalization among and within state and federal authorities is not inherently objectionable. To the contrary, it likely is necessary. Yet, the degree of compartmentalization appears to have so divided management of this resource that damage has been done to both sides. Opportunities exist for cooperation, coordination, and a more holistic perspective on water management with little or even no change in law.

Westlands Water District v. United States

The Court of Federal Claims dismissed a water district's breach of contract claims against the United States for failing to provide water drainage facilities and services. The district argued that the contracts it entered into with the government expressly obligated the government to provide drainag...

United States v. Orr Water Ditch Co.

A district court upheld a Nevada water engineer ruling allowing a city to change the manner and place of use of surface water rights. A Native American tribe filed a petition challenging the decision, arguing that the ruling was against the public interest because the groundwater underlying the city...

Santa Maria v. Adam

A California appellate court affirmed in part and reversed in part a lower court decision approving an agreement between landowners, the Santa Maria Valley Water Conservation District, and local cities and water companies in a water rights dispute over the groundwater contained in the Santa Maria Va...