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water appropriation

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

ELR Article

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,...

Tarrant Regional Water District v. Herrmann

ELR Case

The Tenth Circuit held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause. The case arose after a Texas water district sought permits...

Hugo v. Nichols

ELR Case

The Tenth Circuit held that an Oklahoma city and a Texas city that entered into water contracts with one another lack standing to challenge Oklahoma's water appropriation permitting process as unconstitutional under the Commerce...

Montana v. Wyoming

ELR Case

The U.S. Supreme Court held that Wyoming did not violate the Yellowstone River Compact by allowing its pre-1950 water appropriators...

CRV Enterprises, Inc. v. United States

ELR Case

The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their...