Case Law Index Water Law
January 1, 2002 – January 8, 2024
This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving Water Law that were decided between the dates listed above. The cases are listed in reverse chronological order. The “Text” link goes to the freely available Google Scholar text of the opinion. These listings are for educational purposes only and are not a substitute for legal counsel.
SUPREME COURT
Arizona v. Navajo Nation, 599 U.S. 555 (2023) (treaty did not required U.S. to take steps to secure water rights for tribe) Text
State of Fla. v. State of Georgia, 141 S. Ct. 1175 (2021) (Florida did not show that Georgia’s alleged overconsumption of water in interstate rivers harmed its oyster fisheries or river wildlife and plant life) Text
County of Maui v. Hawaii Wildlife Fund, 590 U.S. (2020) (NPDES permit is required for point sources or for non-point sources that are “functionally equivalent” to direct discharge, such as in the specific case, wastewater discharged into injection wells that eventually reach the ocean, a navigable waterway) Text
Sturgeon v. Frost, 139 S.Ct. 1066 (2019) (National Park Service cannot regulate non-federal waters under ANICLA) Text
Florida v. Georgia, 138 S.Ct. 2502 (2018) (Equity-based cap on Georgia’s use of one river would lead to a significant increase in streamflow from that river into a river that flowed into Florida) Text
Montana v. Wyoming, 138 S.Ct. 758 (2018) (Yellowstone River Compact prohibits one state from reducing the volume of water available in the river) Text
Texas v. New Mexico, 138 S.Ct. 954 (2018) (United States could intervene in downstream compact claims) Text
Kansas v. Nebraska, 574 U.S. 445 (2015) (Nebraska knowingly exposed Kansas to a substantial risk of receiving less water than provided for in the Compact because it charged for imported water) Text
Tarrant Regional Water Dist. v. Herrmann, 569 U.S. 614 (2013) (congressionally-approved interstate compact did not grant Texas the right to cross state lines and divert water from Oklahoma) Text
Arkansas Game and Fish Com’n v. United States, 568 U.S. 23 (2012) (government-induced flooding was a takings) Text
PPL Montana, LLV v. Montana, 565 U.S. 576 (2012) (State did not hold title to riverbeds under segments of river that were nonnavigable at the time of statehood) Text
Orff v. United States, 545 U.S. 596 (2005) (Reclamation Reform Act did not waive sovereign immunity) Text
Kansas v. Colorado, 543 U.S. 86 (2004) (violations of river compact) Text
FIRST CIRCUIT
Cebollero-Bertran v. Puerto Rico Aqueduct & Sewer Auth., 4 F.4th 63 (1st Cir. 2021) (CWA citizen suit plausibly alleged lack of diligent prosecution by EPA in enforcing consent about raw sewage discharges flowing into creek) Text
SECOND CIRCUIT
Aqua Harvesters, Inc. v. New York State Dep’t of Env’t Conservation, 399 F. Supp. 3d 15 (E.D.N.Y. 2019) (Federal fishery endorsements did not per se preempt any reasonable conservation scheme that completely excluded vessel from engaging in state fishery)Text
Koepp v. Holland, 2013 WL 12411814 (N.D.N.Y. Oct. 2, 2013) (property rights of riparian owners) Text
THIRD CIRCUIT
Comm. of Dep’t of Planning and Natural Resources v. Century Aluminum Co., 2012 WL 1994671 (D.V.I June 4, 2012) (pollution of groundwater is not a reasonable use of water)
FOURTH CIRCUIT
N. Carolina Dep’t of Env’t Quality v. Fed. Energy Regul. Comm’n, 3 F.4th 655 (4th Cir. 2021) (State environmental agency did not waive its right under Clean Water Act to issue water quality certification for hydroelectric project on river)
Mashni v. U.S. Army Corps of Engineers, No. 2:20-CV-4235-DCN, 2021 WL 1579674 (D.S.C. Apr. 22, 2021) (Owner of horse farm could not compel Army Corps of Engineers to determine whether farm contained waters of United States subject to Clean Water Act) Text
Sierra Club, Inc. v. United States Forest Serv., 2018 WL 3595760 (4th Cir. 2018) (Forest Service needed to consider riparian concerns in EIS) Text
Herr v. United States Forest Serv., 865 F.3d 351 (6th Cir. 2017) (federal regulation banning motorboats violated owners’ existing littoral water rights) Text
Historic Green Springs, Inc. v. Louisa Cty. Water Auth., 833 F.Supp.2d 562 (W.D. Va. 2011) (holder of conservation easement had standing to bring action against wastewater treatment plant) Text
FIFTH CIRCUIT
Redburn v. City of Victoria, 898 F.3d 486 (5th Cir. 2018) (no easement of ditch despite prior use) Text
White Oak Realty, L.L.C. v. United States Army Corps of Engineers, 746 Fed. Appx. 294 (5th Cir. 2018) (Army Corps of Engineers authorized to require property owner to bear mitigation costs under Water Resources Development Act) Text
Louisiana State v. United States Army Corps of Engineers, 843 F.3d 574 (5th Cir. 2016) (State had to provide ongoing maintenance for ecosystem restoration after closing a canal) Text
Board of Miss. Levee Comm. v. United States Env. Protection Agency, 785 F.Supp.2d. 592 (N.D. Miss. 2011) (flood control project was not exempt from regulations under Clean Water Act) Text
SIXTH CIRCUIT
V. Jacobs & Sons v. Saginaw County Dep’t of Pub. Health, 284 F.Supp.2d 711 (E.D. Mich. 2003) (review of county moratorium on drilling deep wells) Text
EIGHTH CIRCUIT
Fond du Lac Band of Lake Superior Chippewa v. Wheeler, 519 F. Supp. 3d 549 (D. Minn. 2021) (EPA’s decision to decline to decide about whether discharge from proposed mining project “may affect” waters belonging to Chippewa Nation under the CWA was judicially reviewable)
Richland/Wilkin Joint Powers Auth. v. United States Army Corps of Eng., 2019 WL 325545 (D. Minn. Jan. 25, 2019) (dam construction required permit) Text
DeLanghe v. Archer Daniels Midland Co., 2016 WL 2858790 (D. Minn. May 16, 2016) (whether groundwater drawn from well was plaintiff’s property) Text
United States v. Ahrendt, 2015 WL 6445184 (D. Minn., Oct. 21, 2015) (federal law preempts state riparian laws) Text
Frenchman Cambridge Irr. Dist. v. Heineman, 974 F.Supp.2d 1264 (D. Neb. 2013) (McCarren Amendment waives federal sovereign immunity in certain state water cases) Text
Brigham Oil and Gas, L.P. v. North Dakota Bd. of University and School Lands, 866 F.Supp.2d 1082 (D.N.D. 2012) (riparian landowner claimed absolute title to mineral s in shore zone) Text
Keating v. Neb. Pub. Power Dist., 660 F.3d 1014 (8th Cir. 2011) (deprivation of procedural due process in ordering to cease drawing water) Text
Keating v. Neb. Pub. Power Dist., 562 F.3d 923 (8th Cir. 2009) (deprivation of procedural due process in ordering to cease drawing water) Text
Wochos v. Smith, Civil No. 08-6070, 2008 WL 4183393 (W.D. Ark. Sept. 11, 2008) (injunction to return water to creek) Text
Jacobson v. Bruning, No. 4:06cv3166, 2007 WL 1362638 (D. Neb. Apr. 24, 2007) (constitutional challenge of groundwater management law)
Ark. Wildlife Fed’n v. U.S. Army Corps of Eng’rs, 431 F.3d 1096 (8th Cir. 2005) (no NEPA violations with new irrigation project) Text
NINTH CIRCUIT
Christianson v. U.S.A., No. 4:20-cv-00325, 2023 WL 8602836 (D. Idaho Dec. 12, 2023) (action to quiet title for use of irrigation drainage ditch) Text
Los Molinos Mut. Water Co. v. Ekdahl, No. 2:21-cv-01961, 2023 WL 6386898 (E.D. Cal. 2023) (challenge to emergency water regulations and curtailment orders) Text
United States v. Klamath Drainage Dist., No. 1:22-cv-00962, 2023 WL 5899910 (D. Or. Sept. 11, 2023) (dispute over water diversions) Text
Gila River Indian Cmty. v. Bowman, No. cv-20-00103, 2023 WL 2633614 (D. Ariz. 2023) (landowner forfeited water rights via nonuse) Text
Cty. of Mohave v. U.S. Bureau of Reclamation, No. CV-22-08246, 2023 WL 2813695 (D. Ariz. 2023) (denial of injunction to prevent transfer of water entitlement) Text
Baker Ranches, Inc. v. Zinke, 625 F.Supp.3d 1080 (D. Nev. 2022) (landowners water rights established right-of-way) Text
Audubon Society of Portland v. Haaland, 40 F.4th 917 (9th Cir. 2022) (FWS appropriately acquired water rights under state law) Text
United States v. Walker River Irrigation Dist., 986 F.3d 1197 (9th Cir. 2021) (Three-year period for county to challenge river decree that adjudicated and settled water rights began to run when the water rights were adjudicated) Text
Navajo Nation v. U.S. Dep’t of the Interior, 996 F.3d 623 (9th Cir. 2021) (Jurisdiction could be exercised over tribe’s claim that government breached its trust obligation to assert and protect tribe’s reserved water rights) Text
Upper Missouri Waterkeeper v. U.S. Env’t Prot. Agency, No. 19-35898, 2021 WL 4568069 (9th Cir. Oct. 6, 2021) (EPA was permitted to consider compliance costs whether to grant variance from states’ approved water quality standards)
Inland Empire Waterkeeper v. Corona Clay Co., No. 20-55420, 2021 WL 4258829 (9th Cir. Sept. 20, 2021) (An ongoing violation is not a prerequisite to a Clean Water Act (CWA) citizen suit asserting monitoring and reporting violations)
Food & Water Watch v. U.S. Env’t Prot. Agency, No. 20-71554, 2021 WL 4203496 (9th Cir. Sept. 16, 2021) (NPDES permit for concentrated animal operations in Idaho was arbitrary and capricious to production areas subject to permit)
Sackett v. U.S. Environmental Protection Agency, 8 F.4th 1075 (C.A.9 (Idaho), 2021) (EPA’s withdrawal of compliance order in short letter on eve of briefing deadline did not moot case involving years of litigation about wetlands)
San Francisco Bay Conservation & Dev. Comm’n v. United States Army Corps of Engineers, 8 F.4th 839 (9th Cir. 2021) (Corps complied with plain language of provision of Water Quality Certification (WQC) regarding limitation of hydraulic dredging in Bay channels)
Okanogan Highlands All. v. Crown Res. Corp., No. 2:20-CV-147-RMP, 2021 WL 2481878 (E.D. Wash. June 17, 2021) (Conservation organization and State of Washington could seek to enforce all conditions in a National Pollutant Discharge Elimination System permit)
United States v. Sweeney, 483 F. Supp. 3d 871 (E.D. Cal. 2020) (LLC discharged pollutants into water of the United States by depositing dredged fill material on and around marsh island) Text
Glenn-Colusa Irr. Dist. v. United States Army Corps of Engineers, 2019 WL 3231748 (E.D. Cal. July 18, 2019) (diversion of water from river through canal to farms)
San Luis Obispo Coastkeeper v. United States Dept. of the Interior, 394 F.Supp.3d 984 (N.D. Cal. 2019) (compel release of sufficient water flows from dam to maintain fish stocks in good condition) Text
Center for Biological Diversity v. United States Bureau of Land Mgmt., 2019 WL 236727 (D. Nev., Jan. 15, 2019) (BLM took “hard look” at leasing project)
AquaAlliance v. U.S. Bureau of Reclamation, 287 F.Supp.3d 969 (E.D. Cal. 2018) (dispute of water transfer FEIS) Text
Roosevelt Irrigation Dist. v. United States, 2018 WL 4568745 (D. Ariz. Sept. 24, 2018) (water district improperly assigned its right to pump and transport water under contract) Text
United States v. United States Board of Water Comm., 893 F.3d 578 (9th Cir. 2018) (changes to water claims would avoid injury to other water rights)
United States v. Walker River Irr. Dist., 890 F.3d 1161 (9th Cir. 2018) (district court had jurisdiction to modify decree awarding water rights in river basin to adjudicate yet-unlitigated water rights) Text
Mineral County v. Walker River Irrigation Dist., 900 F.3d 1027 (9th Cir. 2018) (whether the public trust doctrine must yield to the doctrine of prior appropriation under Nevada and common law) Text
Navajo Nation v. Dept. of the Interior, 876 F.3d 1144 (9th Cir. 2017) (no standing to bring claim that preparation of EIS would threaten interests in obtaining adequate water) Text
United States v. Fallbrook Public Utility Dist., 2017 WL 1281915 (S.D. Cal. Apr. 6, 2017) (United States filed complaint to quit title to its rights to use waters) Text
Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., 2015 WL 13309103 (C.D. Cal. Mar. 24, 2015) (Tribe had no federal reserved water rights after their occupancy was extinguished) Text
United States v. Gila Valley Irrigation Dist.,859 F.3d 789 (9th Cir. 2017) (assertions of application to divert decreed water rights were insufficient to make a claim) Text
Center for Biological Diversity v. United States Bureau of Land Mgmt., 2017 WL 36677700 (D. Nev. Aug. 23, 2017) (challenge decision to approve water redistribution pipeline)
Havasupai Tribe v. Anasazi Water Co. LLC, 97 Fed.R.Serv.3d 652 (D. Ariz. 2017) (unlawful interference with tribe’s rights to water) Text
ELH LLC v. Wetland Irrigation Dist., 2017 WL 1055960 (D. Or. 2017) (delivery of water in violation of prior appropriation doctrine)
United States v. Alpine Land & Reservoir Co., 2016 WL 6662680 (D. Nev. Nov. 9, 2016) (permit denied because no water available to appropriate)
Confederated Salish and Kootenai Tribes v. Jewell, 2015 WL 12748309 (D. Mont. May 18, 2015) (whether state or federal court has jurisdiction over tribal water rights)
Friant Water Auth. v. Jewell, 23 F.Supp.3d 1130 (E.D. Cal. 2014) (claim of water rights under 1902 Reclamation Act) Text
Pacific Coast of Fishermen’s Ass’n v. Murillo, 2014 WL 1302102 (E.D. Cal. March 28, 2014) (Groundwater discharged to prevent damage to crops unrelated to crop production) Text
Gifford Pinchot Task Force v. Perez, 2014 WL 3019165 (D. Or. July 3, 2014) (NEPA analysis required discussion of riparian reserve) Text
San Luis & Delta-Mendota Water Authority v. Jewell, 969 F.Supp.2d 1211 (E.D. Cal. 2013) (whether flow augmentation violated water rights) Text
Tehama-Colusa Canal Authority v. United States Dep’t of Interior, 721 F.3d 1086 (9th Cir. 2013)) (Bureau of Reclamation could not be compelled to preclude export of federal water outside watershed) Text
Weight v. USAA Cas. Ins. Co., 782 F.Supp.2d. 1114 (D. Haw. 2011) (stream diversion affected property rights) Text
California Unions for Reliable Energy v. United States Dept. of Interior, 2011 WL 7505030 (C.D. Ca. 2011) (solar thermal power plant required to obtain an entitlement to use Colorado River water)
United States v. Alpine Land & Reservoir Co., 2011 WL 2470627 (D. Nev. 2011) (Tribe precluded from showing injuries to federal water rights)
Sierra Nevada SW Enterprises, Ltd. v. King, 2011 WL 3204737 (D. Nev. July 27, 2011) (property owner in appropriated water right) Text
San Luis Unit Food Producers v. United States, No. 1:09-cv-01871 OWW DLB, 2011 WL 693329 (E.D. Cal. Feb. 16, 2011) (dispute regarding federal management of water access to farmers) Text
United States v. Bell, 602 F.3d 1074 (Ninth Circuit 2010) (suit to recoup excess diverted water) Text
United States v. Angle, No. CIV. S-80-583 LKK, 2010 WL 1729826 (E.D. Cal. April 28, 2010) (modifications to stream decree)
United States v. Angle, No. CIV. S-80-583 LKK, 2009 WL 347749 (E.D. Cal. Feb. 11, 2009) (modifications to stream decree) Text
Natural Res. Def. Council v. Kempthorne, No. 1:05-CV-01207 OWW TAG, 2008 WL 5054115 (E.D. Cal. Nov. 19, 2008) (review of water servicing contracts) Text
Grant County Black Sands Irrigation Dist. v. United States, 539 F.Supp.2d 1292 (E.D. Wash. 2008) (sovereign immunity; equitable treatment of districts) Text
W. Watersheds Project v. Matejko, 468 F.3d 1099 (9th Cir. 2006) (Endangered Species Act consultation not required by agency) Text
Cent. Delta Water Agency v. Bureau of Reclamation, 452 F.3d 1021 (9th Cir. 2006) (challenge to agency decision to release water for fish habitat) Text
Brady v. Abbott Labs., 433 F.3d 679 (9th Cir. 2005) (reasonable use of groundwater) Text
Smith v. Cent. Ariz. Water Conservation Dist., 418 F.3d 1028 (9th Cir. 2005) (prevention of modification to irrigation contracts) Text
Cent. Valley Water Agency v. United States, 327 F.Supp.2d 1180 (E.D. Cal. 2004) (upholding agency decision to release water for fish habitat) Text
Orff v. United States, 358 F.3d 1137 (9th Cir. 2004) (sovereign immunity; reduced allocation to protect species) Text
Laub v. U.S. Dep’t of Interior, 342 F.3d 1080 (9th Cir. 2003) (standing; NEPA challenge to proposed water management plan) Text
Westlands Water Dist. v. U.S., 337 F.3d 1092 (9th Cir. 2003) (rights under water service contract) Text
Cent. Valley Water Agency v. United States, 306 F.3d 938 (9th Cir. 2002) (standing to challenge water release) Text
United States v. Alpine Land & Reservoir Co., 291 F.3d 1062 (9th Cir. 2002) (intrafarm transfers; forfeiture) Text
TENTH CIRCUIT
United States v. Abousleman, No. 6:83-cv-01041, 2023 WL 6314882 (D. N.M. Sept. 28, 2023) (adjudication of water rights) Text
Oklahoma ex rel. Drummond v. Tyson Foods, Inc., 653 F. Supp. 3d 937 (N.D. Okla. 2023) (trespass to waters in Illinois River Watershed) Text
Rio Hondo Land & Cattle Co., L.P. v. United States Env’t Prot. Agency, 995 F.3d 1124 (10th Cir. 2021) (Permit relaxing pollutant limitations for wastewater treatment plant upstream from ranch did not violate Clean Water Act’s anti-backsliding rule) Text
New Mexico ex. rel. State Engineer v. Abeyta, 2016 WL 10179255 (D.N.M. Sept. 20, 2016) (classification of water rights) Text
United States v. Elephant Butte Irr. Dist., 2014 WL 12783019 (D.N.M. Dec. 2, 2014) (state court jurisdiction for issues concerning forfeiture of water rights)
New Mexico State Engineer v. Aamodt, 2012 WL 12539013 (D.N.M. March 30, 2012) (State must issue a permit to appropriate groundwater if there are unappropriated waters that would not impair existing rights)
Hugo v. Nichols, 656 F.3d 1251 (10th Cir. 2011) (laws governing water allocation was not redressable under dormant commerce clause) Text
Tarrant Regional Water Dist. v. Hermann, No. CIV-07-0045-HE, 2009 WL 3922803 (W.D. Okla. Nov. 18, 2009) (out-of-state water purchases) Text
Pine River Irrigation Dist. v. United States, 656 F.Supp.2d 1298 (D. Colo. 2009) (quiet title in a reservoir right of way) Text
Wagoner County Rural Water Dist. No. 2 v. Grand River Dam Auth., 577 F.3d 1255 (10th Cir. 2009) (no waiver of 11th Amendment sovereign immunity; McCarran Amendment did not waive sovereign immunity) Text
Strawberry Water Users Ass’n v. United States, 576 F.3d 1133 (10th 2009) (federal government reserves right to change use of reclamation water) Text
Lower Ark. Valley Water Conservancy Dist. v. United States, 578 F.3d 1315 (D. Colo. 2008) (standing to challenge water storage contract) Text
In re Gregory Rock House Ranch, LLC, 339 B.R. 255 (Bankr. D. N.M. 2006) (temporary change in well location) Text
Ellsworth v. Tuttle, 148 F. App’x 653 (10th Cir. 2005) (extent of appropriate water rights)
United States v. City of Las Cruces, 289 F.3d 1170 (10th Cir. 2002) (quiet title to water rights in federal reclamation project) Text
ELEVENTH CIRCUIT
Sierra Club, Inc. v. St. Johns River Water Mgmt. Dist., 320 F. Supp. 3d 1298 (M.D. Fla. 2018) (Army Corps of Engineers did not violate CWA by permitting conversion of wetlands mitigation bank) Text
Otwell v. Alabama Power Co., 944 F.Supp.2d 1134 (N.D. Ala. 2013) (consideration of riparian rights in dam fill) Text
Miccosukee Tribe of Indians of Florida v. United States, 716 F.3d 535 (11th Cir. 2013) (Allegation that Florida flood control project moved too much water onto tribal lands against state due process claim) Text
In re MDL-1824 Tri-State Water Rights Litigation, 644 F.3d 1160 (11th Cir. 2011) (authorization to allocate storage in reservoir for water supply) Text
United States v. City of Las Cruces, 289 F.3d 1170 (10th Cir. 2002) (quiet title to water rights in federal reclamation project) Text
D. C. CIRCUIT
Hawkins v. Haaland, 991 F.3d 216 (C.A.D.C., 2021) (Ranchers with irrigation water rights in Upper Klamath Basin did not establish causation or redressability necessary for standing) Text
S. Utah Wilderness All. v. Bernhardt, 512 F. Supp. 3d 13 (D.C. 2021) (Environmental organizations did not have likelihood of success on claim that Bureau of Land Management failed to analyze environmental impacts of project’s use)
FEDERAL CIRCUIT
City of Fresno v. United States, 160 Fed.Cl. 215 (Fed. Cir. 2022) (Reclamation’s water deliveries complied with supply contracts) Text
City of Fresno v. United States, 148 Fed. Cl. 19 (Fed. Cr. 2020) (City and irrigation district stated claim that Bureau of Reclamation breached water delivery contracts) Text
Ministerio Roca Solida, Inc. v. United States, 145 Fed. Cl. 756 (Fed. Cir. 2019) (restoration project did not affect taking of water rights) Text
United Affiliates Corp. v. United States, 143 Fed. Cl. 257 (Fed. Cir. 2019) (interest in water was a property right)
Crow Creek Sioux Tribe v. United States, 2018 WL 3945585 (Fed. Cir. Aug. 17, 2018) (standing in fifth amendment takings claim arising from diversion of water from river) Text
Clear Creek Community Services District v. United States, 132 Fed. Cl. 223 (Fed. Cir. 2017) (breach of water serves contract between local governmental water district and Bureau of Reclamation)
Sacramento Grazing Ass’n, Inc. v. United States, 135 Fed. Cl. 168 (Fed. Cir. 2017) (exclosures built by federal government to preserve endangered species constituted a taking of permittee’s beneficial water use)
Stockton East Water Dist. v. United States, 133 Fed. Cl. 204 (Fed. Cl. 2017) (water district not entitled to expectancy damages for breach of surface water supply contracts) Text
Baley v. United States, 134 Fed.Cl. 619 (Fed. Cir. 2017) (government’s cessation of water delivery not a taking because farmers’ rights were subordinate to tribes’ rights)
Klamath Irrigation v. United States, 129 Fed. Cl. 722 (Fed. Cir. 2016) (takings claims required analysis as physical, not regulatory, takings, of water rights)
Stockton East Water Dist. v. United States, 120 Fed. Cl. 80 (Fed. Cir. 2015) (breach of water supply contract and takings claim from failure to provide specified volumes of water)
Stockton East Water Dist. v. United States, 761 F.3d 1344 (Fed. Cir. 2014) (water district requested expectancy damages for breach of water supply contract) Text
Casitas Mun. Water Dist. v. United States, 708 F.3d 1340 (Fed. Cir. 2013) (diversion of water from water reclamation project did not impinge upon municipal water district’s right to beneficial use of water) Text
Pyramid Lake Paiute Tribe of Indians v. Nevada, Dept. of Wildlife, 724 F.3d 1181 (9th Cir. 2013) (distinguishing agricultural water right with other uses of irrigated water) Text
Lone Star Industries v. United States, 109 Fed. Cl. 746 (Fed. Cl. 2013) (Government’s closure of channel not a taking under WRDA)
San Carlos Apache Tribe v. United States, 639 F.3d 1346 (Fed. Cir. 2011) (tribes precluded from seeking additional water rights upon entry of decree) Text
Klamath Tribe Claims Comm. v. United States, No. 09-75L, 2011 WL 490502 (Fed. Cl. Feb. 11, 2011) (tribe demands disbursement of funds to safeguard treaty-based water rights)
Klamath Irr. Dist. v. United States, No. 2007-5115, 2011 WL 537853 (Fed. Cir. Feb. 17, 2011) (takings claim by farmers against Bureau of Reclamation)
Stockton E. Water Dist. v. United States, 583 F.3d 1344 (Fed. Cir. 2009) (breach of water contract) Text
Grant County Black Sands Irrigation Dist. v. United States, 579 F.3d 1345 (Fed. Cir. 2009) (water services contracts for groundwater were not long-term water service contracts or repayment contracts under Reclamation Project Act) Text
Dalles Irrigation Dist. v. United States, 88 Fed. Cl. 601 (breach of contract by federal government in overcharging for electricity for irrigation pumping)
N. Colo. Water Conservancy Dist. v. United States, 88 Fed. Cl. 636 (Fed. Cl. 2009) (article in water contract was enforceable against the federal government)
Oswalt v. United States, 85 Fed. Cl. 153 (Fed. Cl. 2008) (breach of irrigation water delivery contract)
Casitas Mun. Water Dist. v. United States, 543 F.3d 1276 (Fed. Cir. 2008) (breach of repayment contract; taking for diversion of water) Text
Estate of Hage v. United States, 82 Fed. Cl. 202 (Fed. Cl. 2008) (taking of water rights and ditches)
Walker v. United States, 79 Fed. Cl. 685 (Fed. Cl. 2008) (no property interest in water right)
Casitas Mun. Water Dist. v. United States, 76 Fed. Cl. 100 (Fed. Cl. 2007) (reduction in irrigation water)
Klamath Irrigation Dist. v. United States, 75 Fed. Cl. 677 (Fed. Cl. 2007) (breach of reclamation project contract)
Colvin Cattle Co. v. United States, 468 F.3d 803 (Fed. Cir. 2006) (no taking of water right with denial of grazing permit) Text
Firebaugh Canal Water Dist. v. United States, 70 Fed. Cl. 593 (Fed. Cl. 2006) (government’s failure to provide drainage) Text
Walker v. United States, 69 Fed. Cl. 222 (Fed. Cl. 2005) (state law determines property right in water)
Colvin Cattle Co. v. United States, 67 Fed. Cl. 568 (Fed. Cl. 2005) (no taking of water right)
Klamath Irrigation Dist. v. United States, 67 Fed. Cl. 504 (Fed. Cl. 2005) (no taking for temporary reductions in water)
Hage v. United States, 51 Fed. Cl. 570 (Fed. Cl. 2002) (vested interest in water rights taken)
TAX COURT
Garwood Irrigation Co. v. Comm’r, T.C. Memo 2004-195 (T.C. 2004) (valuation of water right)
ALASKA
McCavit v. Lacher, 447 P.3d 726 (Alaska 2019) (rule of reasonable use is extended to riparian and littoral landowners) Text
Nunamta Aulukestai v. Dept. of Natural Resources, 351 P.3d 1041 (Alaska 2015) (all surface and subsurface waters reserved for common use) Text
City of Kenai v. Cook Inlet Natural Gas Storage Alaska, LLC, 373 P.3d 473 (Alaska 2016) (subsurface rights reserved in State) Text
Offshore Systems-Kenai v. Dep’t of Transp. and Public Facilities, 282 P.3d 348 (Alaska 2012) (decision to locate easement for public access to water was reasonable) Text
ALABAMA
Schramm v. Spottswood, 109 So.3d 154 (Ala. 2012) (permit to construct in confined riparian use) Text
ARIZONA
Silver v. Pueblo Del Sol Water Co., 423 P.3d 348 (Ariz. 2018) (interpretation of legal availability of adequate water supply) Text
Paloma Irrigation and Drainage Dist. v. Salt River Valley Water Users’ Ass’n, 2018 WL 3238028 (Ariz. Ct. App. 2018) (appropriation of vested water rights granting permits) Text
United States v. Verde Ditch Co., 2017 WL 1364860 (Ariz. Ct. App. April 13, 2017) (stream adjudication for operation and maintenance of irrigation ditch) Text
In re General Adjudication of All Rights to Use Water in Gila River System and Source, 289 P.3d 936 (Ariz. 2012) (state trust lands did not include federal reserved water rights) Text
Yavapai-Apache Nation v. Fabritz-Whitney, 260 P.3d 299 (Ariz. Ct. App. 2011) (limiting pool of objectors of groundwater allocation not a violation of equal protection) Text
State ex rel. Winkleman v. Ariz. Navigable Stream Adjudication Comm’n, 229 P.3d 242 (Ariz. Ct. App. 2010) (determination whether stream was navigable to determine ownership rights) Text
In re Gen. Adjudication of All Rights to Use Water In the Gila River Sys. & Source, 224 P.3d 178 (Ariz. 2010) (settlement agreement in general stream adjudication) Text
Davis v. Agua Sierra Res., L.L.C., 203 P.3d 506 (Ariz. 2009) (invalid reservation of future groundwater rights) Text
Sw. Sand & Gravel, Inc. v. Cent. Ariz. Water Conservation Dist., 212 P.3d 1 (Ariz. Ct. App. 2008) (diversion of water on property) Text
Davis v. Agua Sierra Res., L.L.C, 174 P.3d 298 (Ariz. Ct. App. 2008) (validity of severance of water rights) Text
Maricopa-Stanfield Irrigation & Drainage Dist. v. Robertson, 123 P.3d 112 (Ariz. 2005) (no vested right to receive irrigation water), cert. denied, 547 U.S. 1163 (2006) Text
ARKANSAS
St. Francis River Reg’l Water Dist. v. City of Marmaduke, 2021 Ark. App. 305, 626 S.W.3d 168 (2021) (Regional water district did not have exclusive right to provide water services under the Regional Water Distribution District Art)
Johnson v. De Kros, 435 S.W.3d 19 (Ark. Ct. App. 2014) (warrant easement placed pond into wetlands reserve program) Text
S. Flag Lake, Inc. v. Gordon, 307 S.W.3d 601 (Ark. Ct. App. 2009) (adoption of reasonable use standard) Text
Ormond Enter., Inc. v. Point Remove Wetlands Reclamation & Irrigation Improvement Dist., 253 S.W.3d 449 (Ark. 2007) (exclusion of land from irrigation district project) Text
Ark. Wildlife Fed’n v. Ark. Soil & Water Conservation Comm’n, 233 S.W.3d 615 (Ark. 2006) (state irrigation plans) Text
Vereen v. Hargrove, 96 S.W.3d 762 (Ark. Ct. App. 2003) (no breach of lease for providing water to neighbor) Text
CALIFORNIA
California Water Curtailment Cases, 83 Cal. App.5th 164 (Cal. Ct. App. 2022) (board had authority to enjoin water diversion from pre-1914 rights holder) Text
Dow v. Lassen Irrigation Co., 79 Cal.App.5th 308 (Cal. Ct. App. 2022) (riparian water rights not subject to change-of-use statute) Text
Antelope Valley Groundwater Cases, 59 Cal. App. 5th 241, 272 Cal. Rptr. 3d 517 (2020), reh’g denied (Jan. 7, 2021) (Community services district’s statutes as appropriator for municipal purposes did not give it appropriative rights to water from over drafted aquifer) Text
Dep’t of Water Res. Cases, 69 Cal. App. 5th 265 (2021) (Legislature waived Department of Water Resources’’ immunity only for activities defined in chapter governing water wells and cathodic protection wells)
Cent. Delta Water Agency v. Dep’t of Water Res., 69 Cal. App. 5th 170 (2021) (Environmental impact report adequately provided for informed decision-making and public participation on impact of amendments to state water project contract)
California Manufacturers & Tech. Assn. v. State Water Res. Control Bd., 64 Cal. App. 5th 266, 278 Cal. Rptr. 3d 668 (2021) (State safe drinking water act required economic feasibility analysis and did not cost-benefit analysis for regulation setting level of allowed carcinogen) Text
Standford Vina Ranch Irrigation Co. v. State of California, 2020 WL 3819159 (Cal. Ct. App. 2020) (State Water Resources Control Board was authorized to issue regulations establishing minimum flow) Text
Modesto Irrigation Dist. v. Tanaka, 48 Cal.App.5th 898 (Cal. Ct. App. 2020) (deed conveyed water rights to grantee for subdivided land that had been part of a larger riparian tract but was no longer contiguous to water) Text
Inzana v. Turlock Irrigation Dist. Bd. of Directors, 35 Cal.App.5th 429 (Cal. Ct. App. 2019) (trees in irrigation district unreasonably interfered with ingress/egress) Text
Paradise Irrigation Dist. v. Comm. on State Mandates, 33 Cal.App.5th 174 (Cal. Ct. App. 2019) (water and irrigation districts were not entitled to subvention with regard to costs of complying with Conservation Act requirements) Text
Env. Law Found. v. State Water Resources Control Bd., 26 Cal.App.5th 844 (Cal. Ct. App. 2018) (public trust doctrine applied to the extraction of groundwater to the extent that the extraction adversely impacted river) Text
Santa Barbara Channelkeeper v. City of San Buenaventura, 19 Cal.App.5th 1176 (Cal. Ct. App. 2018) (groundwater appropriator may gain ‘prescriptive rights’ by using groundwater under certain circumstances) Text
Restore Hetch Hetchy v. City and Cty. of San Francisco, 25 Cal.App.5th 865 (Cal. Ct. App. 2018) (state constitutional provision governing water rights conflicted with federal Raker act) Text
Monterey Coastkeeper v. State Water Resources Control Bd., 28 Cal.App.5th 342 (Cal. Ct. App. 2018) (waiver of discharge requirements for irrigated agriculture) Text
San Diego Cty. Water Auth. v. Metropolitan Water Dist. of South. California, 12 Cal.App.5th 1124 (Cal. Ct. App. 2017) (transportation charges for county water authority) Text
Orange Cty. Water Dist. v. Sabic Innovative Plastics US, LLC, 14 Cal.App.5th 343 (Cal. Ct. App. 2017) (appropriative water rights lacked sufficient nexus for trespass claim) Text
Newhall County Water Dist. v. Castaic Lake Water Agency, 243 Cal.App.4th 1430 (Cal. Ct. App. 2016) (wholesale water agency’s rate wholesale rates to community water districts required voter approval) Text
Ctr. for Biological Diversity v. Cty. of San Bernadino, 247 Cal.App.4th 326 (Cal. Ct. App. 2016) (pumping project as means of conserving water as reasonable use) Text
People v. Davis, 3 Cal.App.5th 708 (Cal. Ct. App. 2016) (Possessory interest did not exist when defendant diverted water) Text
Capistrano Taxpayers Assn. v. City of San Juan Capistrano, 235 Cal.App.4th 1493 (Cal. Ct. App. 2015) (groundwater recovery plant were available to customers under Right to Vote on Taxes Act) Text
Contra Costa Cty. v. Pinole Point Properties, LLC, 235 Cal.App.4th 914 (Cal. Ct. App. 2015) (landowner had duty to act reasonably in upstream improvements) Text
Siskiyou Cty. Farm Bureau v. Dep’t of Fish & Wildlife, 237 Cal.App.4th 411 (Cal. Ct. App. 2015) (taking water out of its natural flow for agricultural purposes was a diversion of water) Text
Light v. State Water Resources Control Bd., 226 Cal.App.4th 1463 (Cal. Ct. App. 2014) (state water board could regulate use of stream water for frost protection of crops) Text
Millview Cty. Water Dist. v. State Water Resources Control Bd., 229 Cal.App.4th 879 (Cal. Ct. App. 2014) (finding of conflicting appropriative claims) Text
Water Replenishment Dist. of Southern California v. City of Cerritos, 220 Cal.App.4th 1450 (Cal. Ct. App. 2013) (determination of the state of groundwater supplies) Text
Young v. State Water Resources Control Bd., 219 Cal.App.4th 397 (Cal. Ct. App. 2013) (resources control board may make preliminary determination of diverter’s riparian rights) Text
Central Basin Municipal Water Dist. v. Water Replenishment Dist. of Southern California, 211 Cal.App.4th 943 (Cal. Ct. App. 2012) (declaration of water emergency was ministerial act) Text
Water Replenishment Dist. of Southern California v. City of Cerritos, 202 Cal.App.4th 1063 (Cal. Ct. App. 2012) (jurisdiction over transfers of stored water between basins) Text
Water Replenishment Dist. of So. California v. City of Cerritos, 202 Cal.App.4th 1063 (Cal. Ct. App. 2012) (consideration of amendment of judgment to enable transfers of stored water between basins) Text
City of Santa Maria v. Adam, 149 Cal.App.4th 266 (Cal. Ct. app. 2012) (appeal of rights to groundwater contained in Santa Maria Valley Groundwater Basin) Text
Consolidated Irrigation Dist. v. City of Selma, 204 Cal.App.4th 187 (Cal. Ct. App. 2012) (irrigation district had authority to challenge mitigated negative declaration) Text
Quantification Settlement Agreement Cases, 201 Cal.App.4th 758 (Cal. Ct. App. 2011) (water transfer agreement obligating state to pay excess costs did not violate constitutional appropriation clause) Text
Hillside Mem. Park & Mortuary v. Golden State Water Co., 199 Cal.App.4th 658 (Cal. Ct. App. 2011) (dewatered space in groundwater basin did not require EIR) Text
Sonoma County Water Coalition v. Sonoma County Water Agency, 116 Cal.Rptr.3d 616 (Cal. Ct. App. 2010) (challenge to adequacy of county water agency’s urban water management plan rejected) Text
Rainbow Farms v. Natomas Cent. Mut. Water Co., No. C059322, 2009 WL 4049564 (Cal. Ct. App. Nov. 24, 2009) (mutual water company immune from suit by member) Text
Allegretti & Co. v. Heuberger, No. D051350, 2008 WL 50775350 (Cal. Ct. App. Dec. 3, 2008) (statute of limitations to challenge conditional use permit) Text
Nicoll v. Rudnick, 160 Cal.App.4th 550 (Cal. Ct. App. 2008) (quiet title in water rights in divided ranch) Text
Phelps v. State Water Res. Control Bd., 157 Cal.App.4th 89 (Cal. Ct. App. 2007) (imposition of penalties for unauthorized diversion of water) Text
Franklin v. Anderson-Cottonwood Irrigation Dist., No. C050899, 2007 WL 746102 (Cal. Ct. App. Mar. 13, 2007) (inverse condemnation from increase groundwater flow)
Cal. Farm Bureau Fed’n v. Cal. State Water Res. Control Bd., 53 Cal.Rptr.3d 445 (Cal. Ct. App. 2007), cert. granted, 156 P.3d 1014 (Cal. 2007) (validity of annual fees imposed on water right permit holders) Text
El Dorado Irrigation Dist. v. State Water Res. Control Bd., 142 Cal.App.4th 937 (Cal. Ct. App. 2006) (rule of priority; county of origin statutes; area of origin statutes) Text
Turlock Irrigation Dist. v. Modesto Irrigation Dist., No. F046604, 2006 WL 2381129 (Cal. Ct. App. Aug. 17, 2006) (annexation of an irrigation district)
Allegretti & Co. v. County of Imperial, 138 Cal.App.4th 1261 (Cal. Ct. App. 2006) (requiring groundwater well permit was not a taking) Text
People v. Murrison, 101 Cal.App.4th 349 (Cal. Ct. App. 2002) (water diversion without proper notice) Text
COLORADO
Farmers Reservoir and Irrigation Co. v. Public Serv. Co. of Colorado, 526 P.3d 161 (Colo. 2022) (water rights for seepage water within priority system) Text
Glover v. Serratoga Falls LLC, 498 P.3d 1106 (Colo. 2021) (trespass on water rights easement) Text
Matter of Water Rts. of Mike & Jim Kruse P’ship in Saguache Cty., 2021 CO 6, 479 P.3d 893 (Co. 2021) (Water decree excluded the creek water that flowed through the siphon to the ditch) Text
Santa Maria Reservoir Co. v. Warner, 462 P.3d 478 (Col. 2020) (water that reservoir company diverted from river into closed basin was imported)
People ex rel. Rein v. Jacobs, 465 P.3d 1 (Col. 2020) (Inclusion agreement with water district did not obligate district to provide water for ponds afer they were drained) Text
Santa Maria Reservoir Co. v. Warner, 461 P.3d 478 (Col. 2020) (water diverted from river into closed basin was imported with no right of return flows for objector who had historic use) Text
Hajek v. Bd. of Cty. Comm’r for Boulder Cty., 461 P.3d 665 (Col. Ct. App. 2020) (“new water use” includes both additional amounts of water and use of a similar amount for a different purpose) Text
Luskin Daughters 1996 Trust for benefit of Ackerman v. Young, 448 P.3d 982 (Col. 2019) (landowner had to first adjudicate water rights to natural springs on adjacent property before water court could provide relief in interference claim) Text
Application for Water Rights of Huffaker, 439 P.3d 1224 (Col. 2019) (sections of irrigation wastewater drainage ditch were same source of water to which postponement doctrine applied)
Front Range Resources, LLC v. Colorado Ground Water Comm., 415 P.3d 807 (Col. 2018) (water rights owner’s proposed decree for replacement plan violated anti-speculation doctrine) Text
Coors Brewing Co. v. City of Golden, 420 P.3d 977 (Col. 2018) (brewery required to seek new appropriation, rather than amending its water augmentation plan to add rights of reuse or successive use) Text
Select Energy Services, LLC v. K-LOW, LLC, 394 P.3d 695 (Col. 2017) (water decree allowed its holder to divert water only at pump downriver from irrigation ditch but did not include right to divert water from ditch) Text
Gallegos Family Properties, LLC v. Colorado Groundwater Comm., 398 P.3d 599 (Col. 2017) (determination of whether groundwater is tributary to surface water or designated groundwater) Text
Concerning the App. for Water Rights of Cty. of Boulder in Boulder Cty. v. Boulder and Weld Cty. Ditch Co., 367 P.3d 1179 (Col. 2016) (quantification of average amount of groundwater actually diverted and applied) Text
Upper Eagle Reg. Water Auth. v. Wolfe, 371 P.3d 681 (Col. 2016) (owner of portfolio of water rights is entitled to select which of its different, in-priority conditional rights it wishes to first divert) Text
Grand Valley Water Users Ass’n v. Busk-Ivanhoe, Inc., 386 P.3d 452 (Col. 2016) (grant of water rights to municipal corporation did not include implied right to storage of water on eastern slope) Text
Upper Black Squirrel Creek Ground Water Mgmt. Dist. v. Cherokee Metropolitan Dist., 351 P.3d 48 (Col. 2015) (stipulation requiring metropolitan special district to return wastewater to ground water basin) Text
Protest of McKenna v. Witte, 346 P.3d 35 (Col. 2015) (determination that owner had abandoned water rights through nonuse) Text
Frees v. Tidd, 349 P.3d 259 (Col. 2015) (decree allowing hydropower use of water diverted through ditch subject to easement) Text
St. Jude’s Co. v. Roaring Fork Club, LLC, 351 P.3d 442 (Col. 2015) (diversion of water was not a beneficial use supporting appropriation of water rights) Text
Concerning App. for Water Rights of Sedalia Water and Sanitation Dist. in Douglas Cty., 343 P.3d 16 (Col. 2015) (consideration of alleged period of nonuse of water right) Text
East Cherry Creek Valley Water and Sanitation Dist. v. Greeley Irrigation Co., 348 P.3d 434 (Col. 2015) (pro-rata allocation of consumptive use waters)
In Matter of Water Rights, 361 P.3d 392 (Col. 2015) (storm runoff water sought to be appropriated was designated ground water and subject to administration by Ground Water Commission) Text
Widefield Water and Sanitation Dist. v. Witte, 340 P.3d 1118 (Col. 2014) (historical consumptive use based on consumption of water by land of original appropriation) Text
Application for Water Rights v. Raftopoulos Brothers, 307 P.3d 1056 (Col. 2013) (ranch not entitled to conditional water storage right for reservoir) Text
Archuleta v. Gomez, 290 P.3d 482 (Col. 2012) (adverse possession of landowner’s legal interests in two ditches) Text
In re Title, Ballot Title, Submission Clause for 2012-2012 No. 45, 274 P.3d 576 (Col. 2012) (enforcement of non-tributary groundwater) Text
In re Revised Abandonment List of Water Rights in Water Div. 2, 276 P.3d 571 (Col. 2012) (applicant for change in water right did not establish that change in point of diversion was warranted) Text
Kobobel v. Dep’t of Natural Resources, 249 P.3d 1127 (Col. 2011) (curtailment orders not a taking because owners had right under prior appropriation) Text
Southern Ute Indian Tribe v. King Consolidated Ditch Co., 250 P.3d 1226 (Col. 2011) (Indian tribe not entitled to personal service of notice of ditch companies’ application for determination of water rights in river) Text
Burlington Ditch Reservoir and Land Co. v. Metro Wastewater Reclamation Dist., 256 P.3d 645 (water court calculation of historical consumptive use of water rights) Text
Water Rights of King Consolidated Ditch Co. v. King Consol. Ditch Co., No. 09SA374, 2011 WL 873305 (Colo. March 14, 2011) (tribal intervention into determination of water rights)
City of Englewood v. Burlington Ditch, Reservoir and Land Co., 235 P.3d 1061 (Colo. 2010) (challenge to changes in water rights to river by irrigation companies denied) Text
Broomfield v. Farmers Res. And Irr. Co., 235 P.3d 296 (Colo. 2010) (irrigation company challenges public application to change use of water rights)
City of Aurura v. Northern Colorado Water Conservancy Dist., 236 P.3d 1222 (Colo. 2010) (out-of-priority depletion) Text
V Bar Ranch LLC v. Cotton, 233 P.3d 1200 (Colo. 2010) (replacement well permit) Text
V Bar Ranch LLC v. Cotten, 233 P.3d 1200 (Colo. 2010) (modification of ranch’s replacement well permit) Text
City & County of Broomfield v. Farmers Reservoir & Irr. Co., 235 P.3d 296 (Colo. 2010) (beneficial consumptive use and water rights) Text
City of Englewood v. Burlington Ditch, Reservoir & Land Co., 235 P.3d 1061 (Colo. 2010) (validity of water rights agreement) Text
Well Augmentation Subdistrict of Cent. Colo. Water Conservancy Dist. v. City of Aurora, 221 P.3d 399 (Colo. 2009) (challenging water augmentation plan) Text
Meridian Ranch Metro. Dist. Colo. Ground Water Comm’n, 240 P.3d 382, 2009 WL 3765490 (Colo. Ct. App. 2009) (groundwater district could restrict water use) Text
Pagosa Area Water & Sanitation Dist. v. Trout Unlimited, 219 P.3d 774 (Colo. 2009) (application for conditional water rights) Text
Vance v. Wolf, 205 P.3d 1165 (Colo. 2009) (extraction of water for coalbed methane is a beneficial use; appropriative water right) Text
Kobobel v. Colorado, Dep’t of Natural Res., 215 P.3d 1218 (Colo. Ct. App. 2009) (augmentation plan; cease and desist use of wells) Text
North Sterling Irrigation District v. Simpson, 202 P.3d 1207 (Colo. 2009) (fixed water year; one fill rule) Text
Archuleta v. Gomez, 200 P.3d 333 (Colo. 2009) (adverse possession of water rights) Text
Buffalo Park Dev. Co. v. Mountain Mut. Reservoir Co., 195 P.3d 674 (Colo. 2008) (available unappropriated water) Text
Bd. of County Comm’rs of County of Logan v. Vandemoer, 205 P.3d 423 (Colo. Ct. App. 2008) (problems with irrigation sprinklers) Text
In re Tonko, 154 P.3d 397 (Colo. 2007) (condemnation of ditch right-of-way) Text
In re Water Rights of Cent. Colo. Water Conservancy Dist., 147 P.3d 9 (Colo. 2006) (water appropriation could not be enlarged) Text
Archuleta v. Gomez, 140 P.3d 281 (Colo. Ct. App. 2006) (jurisdiction of water court) Text
Tatum v. People ex rel. Simpson, 122 P.3d 997 (Colo. 2005) (violation of statute requiring working headgate on irrigation ditch) Text
High Plains A & M, LLC v. Se. Colo. Water Conservancy Dist., 120 P.3d 710 (Colo. 2005) (change in location of water right) Text
ISG, LLC v. Ark. Valley Ditch Ass’n, 120 P.3d 724 (Colo. 2005) (change in use of water from irrigation to municipal) Text
Ready Mixed Concrete Co. in Adam County v. Farmers Reservoir & Irrigation Co., 115 P.3d 638 (Colo. 2005) (dismissing change in water use application) Text
E. Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation, Co., 109 P.3d 969 (Colo. 2005) (interpretation of water rights contract) Text
E. Twin Lake Ditches & Water Works, Inc. v. Bd. of County Comm’rs of Lake County, 76 P.3d 918 (Colo. 2003) (abandonment of water right) Text
Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003) (exceeding water rule power) Text
E. Meadows Co., LLC v. Greeley Irrigation Co., 66 P.3d 214 (Colo. Ct. App. 2003) (overflow of irrigation’s trash racks) Text
In re Application for Water Rights in Rio Grande County, 53 P.3d 1165 (Colo. 2002) (change in point of diversion) Text
Bd. of County Comm’rs of County of Park v. Park County Sportsmen’s Ranch, LLP, 45 P.3d 693 (Colo. 2002) (storage of water in aquifer was not a trespass) Text
CONNECTICUT
Tilcon Conn., Inc., v. Comm. of Environmental Protection, 119 A.3d 1158 (Ct. 2015) (Dept. of environmental protection not authorized to regulate excavation distinct from water diversion permits) Text
FLORIDA
Florida Dep’t of Transp. V. Lauderdale Boat Yard, LLC, 336 So.3d 28 (Fla. Ct. App. 2022) (determination of riparian rights) Text
5F, LLC v. Hawthorne, 317 So. 3d 220 (Fla. Dist. Ct. App. 2021) (Riparian owners had right to construct dock beyond law water line and over privately owned submerged land to navigable water without owner’s consent) Text
City of West Palm Beach v. Palm Beach Cty., 253 So.3d 623 (Fla. Ct. App. 2018) (permit for water management system) Text
5F, LLC v. Dressing, 142 So.3d 936 (Fla. Ct. App. 2014) (owners of waterfront property had common law right) Text
Duke’s Steakhouse Ft. Meyers, Inc. v. G5 Properties, LLC, 106 So.3d 12 (Fla. Ct. App 2013) (water management district could approve permit based on conclusion that net improvement to water quality could result) Text
GEORGIA
Tunison v. Harper, 690 S.E.2d 819 (Ga. 2010) (domestic and recreational use of water trumped agricultural use) Text
HAWAI’I
Kauai Springs v. Planning Com’n of Cty. of Kauai, 324 P.3d 951 (Haw. 2014) (denial of permit application under water resource public trust) Text
In re ’Iao Ground Water Mgmt. Area High-Level Source Water Use Permit Applications, 287 P.3d 129 (Haw. 2012) (order amending stream flow required findings explaining feasibility of protecting native Hawaiian practices)
Maui Tomorrow v. State, Bd. of Land & Natural Res. of State of Haw., 131 P.3d 517 (Haw. 2006) (attorney’s fees) Text
In re Water Use Applications, 93 P.3d 643 (Haw. 2004) (review of permit) Text
In re Waiola O Molokai, Inc, 83 P.3d 664 (Haw. 2004) (review of ranch’s new use application for groundwater) Text
IDAHO
3G AG LLC v. Idaho Dep’t of Water Resources, 509 P.3d 1180 (Idaho 2022) (denial of application to unstack ground and surface water rights) Text
Chester v. Wild Idaho Adventures RV Park, LLC, 516 P.3d 1152 (Idaho 2022) (pivot irrigation system not a natural conveyance of water) Text
Kranz v. Meyers Subdivision Property Owners Ass’n, 973 N.E.2d 615 (Ind. Ct. App. 2012) (natural resources commission did not creates separate riparian zone for easement holders) Text
Long v. IVC Indus. Coatings, Inc., 908 N.E.2d 697 (Ind. Ct. App. 2009) (was water “surface waters”) Text
Sylte v. Idaho Dept. of Water Resources, 443 P.3d 252 (Idaho 2019) (water rights did not entitle direct flow claimant to natural, pre-dam outflow to Creek) Text
Eagle Creek Irrigation Co. v. A.C. & C.E. Investments, Inc., 447 P.3d 915 (Idaho 2019) (whether irrigation company was a mutual irrigation company) Text
In re CSRBA Case No. 49576, 447 P.3d 937 (Idaho 2018) (license granting water right to grow wild rice did not vest ownership of water right with landowner)
Mortensen v. Berian, 408 P.3d 45 (Idaho 2017) (ditch not abandoned by owners) Text
North Snake Ground Water Dist. v. Idaho Dep’t of Water Resources, 376 P.3d 722 (Idaho 2016) (no evidence that water district’s application for permit to appropriate water was made in bad faith) Text
Rangen, Inc. v. Idaho Dept. of Water Resources, 367 P.3d 193 (Idaho 2015) (fish grower not entitled to divert water from entirety of spring complex)
Idaho Ground Water Assoc. v. Idaho Dep’t of Water Res., 369 P.3d 897 (Idaho 2015) (reasonable use of surface water source)
Big Wood Ranch, LLC v. Water Users’ Ass’n of Broadford Slough and Rockwell Bypass Lateral Ditches, Inc., 345 P.3d 1015 (Idaho 2014) (surface water rights for water users’ associations) Text
A & B Irrigation Dist. v. Idaho Dep’t of Water Resources, 284 P.3d 225 (Idaho 2012) (standard for determining material injury to water right holder)
In Matter of Distribution of Water to Various Water Rights Held By or For Ben. of A & B Irrigation Dist., 315 P.3d 828 (Idaho 2012) (administration of senior and junior priority water rights)
Clear Springs Foods v. Spackman, 252 P.3d 71 (Idaho 2011) (senior appropriators could obtain curtailment orders against groundwater appropriators) Text
Lake CDA Investments v. Idaho Dep’t of Lands, 233 P.3d 721 (Idaho 2010) (reach of state-owned highway easements) Text
Nelson v. Big Lost River Irrigation Dist., 219 P.3d 804 (Idaho 2009) (requiring allocation of conveyance loss by universal shrink method) Text
United States v. Pioneer Irrigation Dist., 157 P.3d 600 (Idaho 2007) (title to water held by irrigation districts) Text
Lu Ranching Co. v. United States, 156 P.3d 590 (Idaho 2007) (priority dates for water rights) Text
Am. Falls Reservoir Dist. No. 2 v. Idaho Dep’t of Water Res., 154 P.3d 433 (Idaho 2007) (conjunctive management regulations not facially unconstitutional) Text
Joyce Livestock Co. v. United States, 156 P.3d 502 (Idaho 2007) (priority date of stock watering appropriation) Text
McKay v. Boise Project Bd. Control, 111 P.3d 148 (Idaho 2005) (flooding caused by irrigation ditch) Text
Sagewillow, Inc. v. Idaho Dep’t of Water Res., 70 P.3d 669 (Idaho 2003) (doctrine of resumption of use; forfeiting of water rights) Text
Lu Ranching Co. v. United States, 67 P.3d 85 (Idaho 2003) (due process violation) Text
ILLINOIS
Holm v. Kodat, 211 N.E.3d 310 (Ill. 2022) (rule on reasonable use of water applied to direct consumptive or diversionary uses) Text
City of Peoria v. Peoria Area Advancement Group, LLC, 2017 WL 1756944 (Ill. Ct. App. 2017) (whether agreement was enforceable due to prior appropriation rule)
City of Virginia v. Village of Chandlerville, 2014 WL 3844804 (Ill. Ct. App. Aug. 5, 2014) (contract for the supply of water to village)
Town of Cicero v. Metrop. Water Reclamation Dist. of Greater Chicago, 976 N.E.2d 400 (Ill. Ct. App. Aug. 10, 2012) (no liability for backup flooding) Text
INDIANA
Gunderson v. State, Indiana Dep’t of Nat. Res., 90 N.E.3d 1171 (Ind. 2018) (Boundary separating trust land from privately-owned riparian land along the shores of Lake Michigan is the common law ordinary high-water mark) Text
Long v. IVC Indus. Coatings, Inc., 908 N.E.2d 697 (Ind. Ct. App. 2009) (was water “surface waters”) Text
IOWA
Franklin v. Johnston, 899 N.W.2d 741 (Iowa Ct. App. 2017) (no requirement for upstream riparian owner to accommodate downstream owner) Text
KANSAS
Garetson Brothers v. American Warrior, Inc., 435 P.3d 1153 (Kan. Ct. App. 2019) (senior water rights holder’s use of water rights impaired by junior holder’s rights) Text
Clawson v. Dep’t of Agriculture, Div. of Water Resources, 315. P.3d 896 (Kan. Ct. App. 2013) (division of water resources chief engineer did not retain jurisdiction after water permits issued) Text
Cochran v. Dep’t of Agr., Div. of Water Resources, 249 P.3d 434 (Kan. 2011) (owners of senior water rights had standing to seek judicial review of agency’s grant of water appropriation permits to city) Text
Wheatland Elec. Co-Op. v. Polansky, 265 P.3d 1194 (Kan. Ct. App. 2011) (vested water right gave agency authority to reduce usage) Text
Nelson v. Kansas Dep’t of Agric., 242 P.3d 1259 (Kan. Ct. App. Nov. 19, 2010) (farmer’s abandonment of water rights) Text
Nelson v. State Dep’t of Agric., No. 102,695, 2010 WL 4674303 (Kan. Ct. App. Nov. 19. 2010) (rights of water use by alfalfa farmer) Text
Frick Farm Props., L.P. v. Kansas, 216 P.3d 170 (Kan. 2009) (review of termination of water right) Text
Shipe v. Pub. Wholesale Water Supply Dist. No. 25, 210 P.3d 105 (Kan. 2009) (standing to challenge temporary easement to drill test wells on property; standing to challenge condemnation of groundwater rights) Text
Frank v. Kan. Dep’t of Agric., 198 P.3d 195 (Kan. Ct. App. 2009) (blocking of stream building groundwater pit) Text
Frick Farm Prop., Ltd. P’ship v. Kan. Dep’t of Agric., 190 P.3d 983 (Kan. Ct. App. 2008) (termination of water rights) Text
Hawley v. Kan. Dep’t of Agric., 132 P.3d 870 (Kan. 2006) (forfeiture statute; forfeiture of water right) Text
LOUISIANA
CV Land, LLC v. Millers Lake, LLC, 373 So.3d 529 (La. Ct. App. 2023) (claim for riparian rights for irrigation purposes) Text
Longleaf Investments, LLC v. Cypress Black Bayou Recreation and Water Conservation Dist., 162 So.3d 479 (La. Ct. App. 2015) (water district lacked authority to execute agreement setting boundary between state owned land and private land) Text
Hamel’s Farm, L.L.C. v. Muslow, 988 So.2d 882 (La. Ct. App. 2008) (ownership of lakebed) Text
La. Purchase II Partners, LLC v. J & E P’ship, 834 So.2d 604 (La. Ct. App. 2002) (duty to provide irrigation water) Text
MARYLAND
Maryland Dep’t of the Env’t v. Assateague Coastal Trust, 299 A.3d 619 (Md. 2023) (general discharge permit framework for AFOS complied with water quality standards) Text
Kelso v. Smiertka, 2015 WL 6410177 (Md. Ct. Sp. App. Oct. 21, 2015) (whether riparian rights allowed owners to construct pier) Text
MASSACHUSETTES
DeWolf v. Apovian, 2012 WL 3139702 (Mass. Land Ct. Aug. 2, 2012) (right to use jetty beyond low water mark)
MICHIGAN
Gunther v. Apap, No. 354908, 2022 WL 1273442 (Mich. Ct. App. April 28, 2022) (determination of riparian rights) Text
Kowalchuk v. Cty. of Jackson, 2017 WL 2262876 (Mich. Ct. App. May 23, 2017) (reasonable use of water balancing test for water-utility well operations)
Bechtol v. Allen, 2013 WL 5857642 (Mich. Ct. App. Oct. 31, 2013) (alterations to natural flow of surface water) Text
Gaskin v. City of Jackson, 2012 WL 2865781 (Mich. Ct. App. July 12, 2012) (interference with reasonable use of groundwater) Text
MINNESOTA
Matter of Denial of Contested Case Hearing Requests, 993 N.W.2d 627 (Minn. 2023) (permit did not comply with state groundwater rules) Text
Cleveland-Cliffs Minnesota Land Development LLC v. Minnesota Dept. of Natural Resources, 2019 WL 1591797 (Minn. Ct. App. April 15, 2019) Text
White Bear Lake Restoration Ass’n ex rel. State v. Minnesota Dep’t of Natural Resources, 928 N.W.2d 351 (Minn. Ct. App. 2019) (public trust doctrine did not apply to groundwater that was source for navigable lake) Text
Goerke Family Partnership v. Lac qui Parle-Yellow Bank Watershed Dist., 857 N.W.2d 50 (Minn. Ct. App. 2014) (watershed district required to consider reasonable use doctrine in permitting agricultural tiling) Text
Nassar v. Chamoun, 2012 WL 426595 (Minn. Ct. App. Feb. 13, 2013) (reasonable use doctrine applied to drainage of surface water) Text
MISSISSIPPI
Borne v. Estate of Carraway, 118 So.3d 571 (Miss. 2013) (easement by necessity under riparian law) Text
MISSOURI
Citizens for Ground Water Prot. v. Porter, 275 S.W.3d 329 (Mo. Ct. App. 2008) (seeking injunction to prevent use of groundwater in ethanol production) Text
Edmondson v. Edwards, 111 S.W.3d 906 (Mo. Ct. App. 2003) (reasonable use; denial of water for livestock) Text
MONTANA
Egan Slough Cmty. v. Flathead Cty. Bd. of Cty. Comm’rs, 506 P.3d 996 (Mont. 2022) (water permit did not grant right to water permittee was unable to put to beneficial use) Text
Advocates for School Trust Lands v. State, 505 P.3d 825 (Mont. 2022) (statute creating process for acquiring water right not presumed to create a water right) Text
Twin Creeks Farm & Ranch, LLC v. Pretorial Irrigation Dist., 502 P.3d 1080 (Mont. 2022) (abandonment of water right due to nonuse) Text
East Bench Irrigation Dist. V. Open a Ranch, Inc., 406 Mont. 502 (Mont. 2021) (removal of curtailment remarks from private water rights) Text
Twin Creeks Farm & Ranch, LLC v. Petrolia Irrigation Dist., 399 Mont. 431 (Mont. 2020) (abandonment of water right based on nonuse) Text
Clark Fork Coal. v. Montana Dep’t of Nat. Res. & Conservation, 2021 MT 44, 403 Mont. 225, 481 P.3d 198 (Compliance with non-degradation standards was not a factor to be considered when analyzing criteria for beneficial water use permit) Text
Bureau of Land Mgmt. v. Korman, 427 P.3d 72 (Mont. 2018) (impoundment of water from reservoir for wildlife not an impermissible expansion of use) Text
In re Scott Ranch, LLC, 402 P.3d 1207 (Mont. 2017) (jurisdiction to adjudicate water rights) Text
Kelly v. Teton Prairie LLC, 376 P.3d 143 (Mont. 2016) (junior appropriator failed to establish necessary elements to invoke defense of futile call for water) Text
The Clark Fork Coalition v. Tubbs, 380 P.3d 771 (Mont. 2016) (whether new appropriation will adversely affect existing water rights of senior appropriators) Text
Curry v. Pondera Cty. Canal & Reservoir Co., 370 P.3d 440 (Mont. 2016) (water company’s beneficial use of water was putting water into service for shareholders for irrigation) Text
Bureau of Land Mgmt. v. Barthelmess Ranch Corp., 386 P.3d 952 (Mont. 2016 (federal claims of watering rights in reservoirs it constructed on federal land) Text
In re Crow Water Compact, 354 P.3d 1217 (Mont. 2015) (discretion to deny motion by tribal member allottees to stay proceeding) Text
Western Montana Water Users Ass’n, LLC v. Mission Irrigation Dist., 299 P.3d 346 (Mont. 2013) (irrigation district not required to obtain member and court approval before executing water use agreement with Tribes) Text
Bostwick Properties, Inc. v. Mont. Dept. of Natural Resources and Conservation, 296 P.3d 1154 (Mont. 2013) (Developer seeking to extract water from aquifer in closed river basin submitted an adequate mitigation plan) Text
Hohenlohe v. State Dep’t of Natural Res. and Conservation, 240 P.3d 628 (Mont. 2010) (review of denial of application for change of use of irrigation water rights) Text
Northern Cheyenne Tribe v. Montana Dep’t of Envtl. Quality, 234 P.3d 51 (Mont. 2010) (groundwater discharge from coal bed methane extraction activities) Text
In re Kelly, 224 P.3d 640 (Mont. 2010) (senior water users challenging new use) Text
Blacktail Mountain Ranch, Co. v. Dep’t of Natural Res. & Conservation, 353 Mont. 149, 220 P.3d 388 (Mont. 2009) (revocation of water use permit) Text
Tin Cup County Water &/or Sewer Dist. v. Garden City Plumbing & Heating, Inc., 200 P.3d 60 (Mont. 2008) (statute of limitations in breach of dam repair contract claim) Text
Bitterroot River Prot. Ass’n v. Bitterroot Conservation Dist., 198 P.3d 219 (Mont. 2008) (review of determination of stream as natural or manmade) Text
Kruer v. Three Creeks Ranch of Wy., L.L.C., 194 P.3d 634 (Mont. 2008) (enforcement of water rights settlement) Text
Wills Cattle Co. v. Shaw, 167 P.3d 397 (Mont. 2007) (conveyance of water rights) Text
Byrum v. Andren, 159 P.3d 1062 (Mont. 2007) (interference with water right) Text
Petitioners I-549 v. Missoula Irrigation Dist., 111 P.3d 664 (Mont. 2005) (seeking exclusion from irrigation district) Text
Geil v. Missoula Irrigation Dist., 96 P.3d 1127 (Mont. 2004) (seeking exclusion from irrigation district) Text
King v. Van Setten, No. 2004 MT 171N, 2004 WL 1447736 (Mont. June 29, 2004) (enjoining flood irrigation) Text
Hidden Hollow Ranch v. Fields, 92 P.3d 1185 (Mont. 2004) (violating court water decree) Text
Geil v. Missoula Irrigation Dist., 59 P.3d 398 (Mont. 2002) (challenging irrigation district exclusion statute) Text
In re Deadman’s Basin Water Users Ass’n, 40 P.3d 387 (Mont. 2002) (jurisdiction of water courts) Text
NEBRASKA
Estermann v. Bose, 892 N.W.2d 857 (Neb. 2017) (water management entity created by four natural resource districts authorized to exercise power of eminent domain) Text
Hill v. State, 894 N.W.2d 208 (Neb. 2017) (farmers who used water from river basin did not have property rights superior to interstate Compact allowing diversion of surface water from basin) Text
Kobza v. Bowers, 868 N.W.2d 806 (Neb. Ct. App. 2015) (berm construction not unlawful obstruction) Text
Weber v. N. Loup River Public Power and Irrigation Dist., 854 N.W.2d 263 (Neb. 2014) (payment of irrigation charges by start of irrigation season was condition precedent to irrigation district’s obligation to supply water to farmers) Text
Cent. Neb. Pub. Power and Irr. Dist. v. N. Platte Nat. Res. Dist., 788 N.W.2d 252 (Neb. 2010) (denial of challenge to ground water appropriation by natural resources district)
In re 2007 Admin. Of Appropriations of Water of Niobrara River, 768 N.W.2d 420 (Neb. 2009) (condemnation of water rights; administrative proceedings not moot) Text
Babel v. Schmidt, 765 N.W.2d 227 (Neb. Ct. App. 2009) (ownership of riparian land; failure to prove avulsive event) Text
Bihuniak v. Roberta Corrigan Farm, 757 N.W.2d 725 (Neb. Ct. App. 2008) (negligent flooding of neighbor’s property) Text
Koch v. Aupperle, 737 N.W.2d 869 (Neb. 2007) (denial of injunction to prevent upstream riparian owner from constructing dam) Text
Crouse v. Pioneer Irrigation Dist., 719 N.W.2d 722 (Neb. 2006) (exclusion of land from irrigation district) Text
In re Cent. Neb. Pub. Power & Irrigation Dist., 699 N.W.2d 372 (Neb. 2005) (jurisdiction of water agency) Text
Spear T Ranch, Inc. v. Neb. Dep’t of Natural Res., 699 N.W.2d 379 (Neb. 2005) (no duty by state to protect appropriations) Text
Spear T Ranch, Inc. v. Knaub, 691 N.W.2d 116 (Neb. 2005) (conjunctive use) Text
NEVADA
Wilson v. Pahrump Fair Water, LLC, 137 Nev. Adv. Op. 2, 481 P.3d 853 (2021) (State Engineer was not required by due process standards to provide notice and hearing before issuing order restricting permits to drill new water wells)
Min. Cty. v. Lyon Cty., 136 Nev. 503, 473 P.3d 418 (2020) (The public trust doctrine does not permit reallocating water rights already adjudicated and settled under the doctrine of prior appropriation) Text
Wilson v. Happy Creek, Inc., 448 P.3d 1106 (Nev. 2019) (restoration of original priority dates of water rights) Text
Sierra Pacific Industries v. Wilson, 440 P.3d 37 (Nev. 2019) (requirement of water rights permit holder to show formal relationship with third party user) Text
Bentley v. Office of State Engineer, 2016 WL 3856572 (Nev. July 14, 2016) (water diversion agreement needed to be signed by all grantors)
Rand Properties, LLC v. Filippini, 2016 WL 1619306 (Nev. April 21, 2016) (the person entitled to given quantity of water may change its use)
Eureka Cty. v. Nevada, 2015 WL 5554628 (Nev. Sept. 18, 2015) (impact on water rights from project)
In re 63805, 64171, 65060, 65061, 65062, 56063, 56064, 56065, 56066, 56067, 56068, 56069, 56070, 56071, 66729, 69594, 69595, 69596 filed to Appropriate Pub. Waters of an Underground Source within Tracy Segment Hydrographic Basin (83), Storey Cty.
In re Nevada State Engineer Ruling No. 5823, 277 P.3d 449 (Nev. 2012) (state provision allocating groundwater rights) Text
Redrock Valley Ranch, LLC v. Washoe Cty., 254 P.3d 641 (Nev. 2011) (approval of interbasin transfers did not preclude denial of permits) Text
Lawrence v. Clark Cty., 254 P.3d 606 (Nev. 2011) (determination of whether land sought to be transferred was subject to public trust doctrine) Text
Great Basin Water Network v. State Eng’r, 234 P.3d 912 (Nev. 2010) (failure to review applications in a timely manner)
NEW JERSEY
New Jersey Dept. of Environmental Protection v. Exxon Mobil Corp., 183 A.3d 289 (N.J. Super. 2015) (right to pursue claim under Spill Compensation and Control Act) Text
Chiesa v. D. Lobi Enterprises, Inc., 2012 WL 4464382 (N.J. Super. Sept. 28, 2012) (beach project subject to Water Resources Development Act) Text
In re Agric., Aquacultural, & Horticultural Water Usage Certification Rules, 410 N.J. Super. 209, 981 A.2d 99 (challenging new water use regulations for agriculture) Text
NEW MEXICO
State ex rel. Office of State Engineer v. Romero, 521 P.3d 56 (N.M. 2022) (groundwater forfeiture statute allows for partial forfeiture) Text
Adobe Whitewater Club of New Mexico v. New Mexico State Game Comm’n, 519 P.3d 46 (N.M. 2022) (regulations infringed on public right to use water) Text
State ex rel. Office of State Engineer v. Romero, 2019 WL 3854929 (N.M. Ct. App. Aug. 13, 2019) (statute governing forfeiture of underground water included potential of partial forfeiture of appropriator’s water rights)
Elkins v. Waterfall Community Water Users Ass’n, 2019 WL 2420050 (N.M. Ct. App. May 21, 2019) (claim to ownership of water rights under prior appropriation doctrine) Text
State Engineer of New Mexico v. Diamond K Bar Ranch, LLC, 385 P.3d 626 (N.M. 2016) (river waters diverted by ditch remained natural, unappropriated, public waters of New Mexico) Text
Parkview Community Ditch Ass’n v. Peper, 323 P.3d 939 (N.M. Ct. App. 2013) (community ditch association substantially complied with Open Meetings Act requirements) Text
Carangelo v. Albuquerque-Bernalillo County Water Utility Authority, 320 P.3d 492 (N.M. Ct. App. 2013) (proposed non-consumptive diversion of Rio Grande surface water was new beneficial use requiring an appropriation permit) Text
Bounds v. State ex. rel. D’Antonio, 306 P.3d 457 (N.M. 2013) (law requiring issuance of domestic well permits regardless of availability of unappropriated water not unconstitutional) Text
State ex el. Office of State Engineer v. Elephant Butte Irr. Dist., 287 P.3d 324 (N.M. Ct. App. 2012) (landowners intended to abandon water rights) Text
Tri-State Generation and Transmissions Ass’n, Inc. v. D’Antonio, 289 P.3d 1232 (N.M. 2012) (administration of priority of water rights under prior appropriation) Text
Bounds v. Hamlett, 258 P.3d 1181 (N.M. Ct. App. 2011) (voting rights in proportion to interest in ditch or wter, or in proportion to water rights) Text
Storm Ditch v. D’Antonio, 263 P.3d 932 (N.M. Ct. App. 2011) (community acequia was not entitled to actual notice of applicants’ application to transfer water rights) Text
Walker v. United States, 162 P.3d 882 (N.M. 2007) (property right in water under state law) Text
Montgomery v. Lomos Altos, Inc., 150 P.3d 971 (N.M. 2006) (transfer of water rights) Text
New Mexico ex rel. Office of State Eng’r v. Lewis, 150 P.3d 375 (N.M. 2006) (ratification of settlement agreement) Text
Herrington v. New Mexico ex rel. Office of Eng’r, 133 P.3d 258 (N.M. 2006) (change of surface diversion to groundwater well) Text
Turner v. Bassett, 111 P.3d 701 (N.M. 2005) (severance of water rights) Text
NEW YORK
Webster Golf Club, Inc. v. Monroe Cty. Water Auth., 219 A.D.3d 1136 (N.Y App. Div. 2023) (riparian rights not properly established) Text
Woodbury Heights Estates Water Co., Inc. v. Village of Woodbury, 111 A.D.2d 699 (N.Y. App. Div. 2013) (local groundwater law preempted by Transportation Corporations Law) Text
People v. Thomas, 969 N.Y.S. 805 (N.Y. Cty. Ct. 2013) (reservation of rights)
Town of N. Elba v. Grimditch, 98 A.D.3d 183 (N.Y. App. Ct. 2012) (state did not have exclusive jurisdiction over waters) Text
NORTH CAROLINA
City of Asheville v. State, 749 S.E.2d 759 (N.C. 2016) (statute requiring involuntary transfer between public water system and sewerage district was unconstitutional under local law) Text
L & S Water Power, Inc. v. Piedmont Triad Reg. Water Auth., 712 S.E.2d 146 (N.C. Ct. App. 2011) (diversion of river by water authority was taking of downstream plants’ riparian rights) Text
OHIO
B.R. Knez Construction v. Concord Township Bd. of Zoning Appeals, 2019 WL 3545736 (Ohio Ct. App. Aug. 5, 2019) (riparian regulations to preserve and protect town watercourses) Text
OKLAHOMA
Leo v. Oklahoma Water Resources Bd., 536 P.3d 939 (Okla. 2023) (challenge to final order granting city a permit to divert water) Text
Rural Water v. City of Guthrie, 325 P.3d 1 (Okla. 2013) (city not required to sell surplus treated water to rural water district under stream water statute) Text
Heldermon v. Wright, 152 P.3d 855 (Okla. 2006) (requiring water agency to be notified to intervene in determination of rights in a stream) Text
Jacobs Ranch, L.L.C. v. Smith, 148 P.3d 842 (Okla. 2006) (moratorium on out-of-basin transfers) Text
OREGON
Waterwatch of Oregon v. Water Resources Dep’t, 501 P.3d 507 (Or. 2021) (hydroelectric water right temporarily converted to in-stream right) Text
Bridge Creek Ranch, LLC v. Oregon Water Resources Dept., 329 Or. App. 568 (Or. Ct. App. 2023) (denial of change in the “point of diversion” for water from creek) Text
Valley Water Dist. V. Oregon Water Resources Comm’n, 328 Or. App. 790 (Or. Ct. App. 2023) (denial of irrigation district’s application for permit to store water in reservoir) Text
Kramer v. City of Lake Oswego, 446 P.3d 1 (Or. 2019) (access to public water from public land under public trust doctrine) Text
Noble v. Oregon Water Resources Dept., 330 P.3d 688 (Or. Ct. App. 2014) (denial of reservoir permit)
Davis v. Nye Ditch Users Imp. Dist., 268 P.3d 778 (Or. Ct. App. 2011) (statutes by implication authorized irrigation ditch district to enter members’ lands to improve and repair ditch) Text
Klamath Irrigation Dist. v. United States, 227 P.3d 1145 (Or. 2010) (certified questions on beneficial use of water and recognition of property right) Text
Klamath Irrigation Dist. v. United States, — P.3d —, 2010 WL 841320 (Or. 2010) (equitable property interest in water) Text
Gienger v. Dep’t of State Lands, 214 P.3d 75 (Or. Ct. App. 2009) (farmer was not exempt from state statute requiring permit before removing materials from bed and banks of creek) Text
Fort Vannoy Irrigation Dist. v. Water Res. Comm’n, 188 P.3d 277 (Or. 2008) (“holder of water use”) Text
Orr v. E. Valley Water Dist., 125 P.3d 834 (Or. Ct. App. 2007) (denying exclusion from irrigation district) Text
PENNSYLVANIA
Assocs. of Chapman Lake v. Long, 2021 PA Super 77, 253 A.3d 1210 (2021) (Nineteenth century release conveying use of lake “as riparian owner” granted usufructuary title included recreational use) Text
New Garden Township v. Artesian Resources Corp., 2019 WL 2400114 (Pa. May 4, 2019) (allocation of groundwater withdrawn from wells) Text
Miller v. Southeastern Penn. Transp. Auth., 103 A.3d 1225 (Pa. 2014) (common law riparian rights not preempted by Federal Railroad Safety Act) Text
Blue Mtn. Preservation Ass’n, Inc. v. Dep’t of Environmental Protection, 2012 WL 8692599 (Pa. 2012) (permit for use of surface water)
RHODE ISLAND
Middle Creek Farm, LLC v. Portsmouth Water & Fire Dist., 252 A.3d 745 (R.I. 2021) (Town water and fire district was obligated to provide water services to lots partially in town and partially in neighboring town) Text
SOUTH DAKOTA
Matter of Drainage Permit 11-81, 922 N.W.2d 263 (S.D. 2019) (tile system drained surface water, not subsurface water) Text
Zwart v. Penning, 912 N.W.2d 833 (S.D. 2018) (downstream landowner did not commit trespass for restricting water flow) Text
SOUTH CAROLINA
Jowers v. South Carolina Dep’t of Health and Environmental Control, 815 S.E.2d 446 (S.C. 2018) (reasonable use of surface water withdrawals) Text
TENNESSEE
Calfee v. Tenn. Dep’t of Transp., 2017 WL 2954687 (Tenn. Ct. App. July 11, 2017) (claims of downstream landowners’ riparian rights) Text
TEXAS
Hidalgo Cty. Water Improvement Dist. No. 3 v. Hidalgo Cty. Water Irrigation Dist. No. 1, 627 S.W.3d 529 (Tex. App. 2021) (Water irrigation district was immune from suit in condemnation action by water improvement district that sough easement for underground pipeline)
Ware v. Texas Comm. on Environmental Quality, 2017 WL 875307 (Tex. App. March 3, 2017) (permit authorizing new appropriation of water) Text
Upper Trinity Regional Water Dist. v. Nat’l Wildlife Fed., 514 S.W.3d 855 (Tex. App. 2017) (wholesale water supplier’s conservation plan included description of authority to enforce the plan) Text
City of Dallas v. Sabine River Auth. of Texas, 2017 WL 2536882 (Tex. App. June 7, 2017) (waiver of immunity for setting new rate of providing raw water to city)
Coyote Lake Ranch, LLC v. City of Lubbock, 498 S.W.3d 53 (Tex. 2016) (accommodation doctrine applied to resolve conflict between severed groundwater estate and surface estate) Text
Texas Comm. on Environmental Quality v. Texas Farm Bureau, 460 S.W.3d 264 (Tex. App. 2015) (no deference to agency’s interpretation of drought statute to allow suspension of senior water rights) Text
San Antonio Water System v. Smith, 451 S.W.3d 442 (Tex. App. 2014) (waterworks system was not a ‘governmental unit’ entitled to notice of claims separate and apart from notice of city) Text
Edwards Aquifer Authority v. Bragg, 421 S.W.3d 118 (Tex. App. 2013) (water permit system dictating denial of applications resulted in regulatory taking of orchards) Text
La Tierra de Simmons Familia, Ltd. v. Main Event Entertainment, LP, 2012 WL 753184 (Tex. App. March 9, 2012) (diversion of natural flow of surface water) Text
Edwards Aquifer Authority v. Day, 369 S.W.3d 814 (Tex. 2012) (each owner of land owns separately, distinctly, and exclusively all groundwater under his land) Text
Save Our Spring Alliance, Inc. v. City of Dripping Springs, — S.W3d —, 2010 WL 521027 (Tex. App. 2010) (standing to challenge development that may add pollution to aquifer) Save Our Springs Alliance, Inc. v. City of Dripping Springs, 2009 WL 1896070 (Tex. App. 2009), withdrawn, — S.W3d —, 2010 WL 521027 (standing to challenge development that may add pollution to aquifer) Text
Edwards Aquifer Authority v. Day, 274 S.W.3d 742 (Tex. App. 2008) (distinction between groundwater and state water) Text
Brownsville Irrigation Dist. v. Tex. Comm’n on Envtl. Quality, 264 S.W.3d 458 (Tex. App. 2008) (change in diversion point) Text
Guitar Holding Co., L.P. v. Hudspeth County Underground Water Conservation Dist. No. 1, 263 S.W.3d 910 (Tex. 2008) (groundwater permits based on historic use; transfer permits) Text
Castano v. San Felipe Agric., Mfg., & Irrigation Co., 147 S.W.3d 444 (Tex. App. 2004) (enforcement of water mediation settlement) Text
UTAH
Ross and Norma Allen Family Trust v. Holt, 455 P.3d 616 (Utah Ct. App. 2019) (owners’ water easement affirmed) Text
Utah Stream Access Coal. v. VR Acquisitions, LLC, 439 P.3d 593 (Utah 2019) (determination of whether public easement granted right to touch privately owned beds of state waters) Text
Little Cottonwood Tanner Ditch Co. v. Sandy City, 387 P.3d 978 (Utah 2016) (canal companies could not modify water rights decree through post-judgment motion) Text
HEAL Utah v. Kane Water Conservancy Dist., 378 P.3d 1246 (Utah Ct. App. 2016) (unappropriated water in Green River) Text
Metrop. Water Dist. of Salt Lake & Sandy v. Questar Gas Co., 361 P.3d 709 (Utah Ct. App. 2015) (local water district had no authority to regulate public utility gas pipeline in its easement) Text
Central Utah Water Conservancy Dist. v. Upper East Union Irrigation Co., 321 P.3d 1113 (Utah 2013) (failure to replace water diversion system not excused by doctrine of impracticability) Text
Berman v. Yarbrough, 267 P.3d 905 (Utah 2011) (declaratory judgment adjudicating water rights could not serve as basis to enforce water rights) Text
Bingham v. Roosevelt City Corp., 235 P. 3d 730 (Utah 2010) (city not liable for groundwater diversion that lowered water table and made soil less saturated for irrigation purposes) Text
Bingham v. Roosevelt City Corp., 235 P.3d 730, 2010 WL 1929561 (Utah 2010) (suit against city for allegedly diverting groundwater) Text
W. Water, LLC v. Olds, 184 P.3d 578 (Utah 2008) (salvage water; failure to exhaust remedies) Text
U.S. Fuel Co. v. Huntington-Cleveland Irrigation Co., 79 P.3d 945 (Utah 2008) (quiet title in water rights) Text
VERMONT
Vermont v. Atlantic Richfield Co., 148 A.3d 559 (groundwater held as public trust resource) Text
VIRGINIA
Chesapeake Bay Foundation, Inc. v. Va. State Water Control Bd., 2014 WL 1593323 (Va. Ct. App. April 22, 2014) (protection of state waters)
Re: Cooke v. Worham, 97 Va. Cir. 384 (Va. Cir. Ct. 2013) (apportionment of riparian rights)
Scott v. Burwell’s Bay Imp. Ass’n, 708 S.E.2d 858 (Va. 2011) (termination of adverse possession terminated riparian rights) Text
Jennings v. Bd. of Sup’rs of Northumberland Cty., 708 S.E.2d 841 (Va. 2011) (zoning authority over marina construction which extended beyond the mean low-water mark) Text
Harriss v. Virginia Marine Resources Com’n, 97 Va. Cir. 379 (Va. Cir. Ct. 2011) (riparian owner had property claim) Text
Mattaponi Indian Tribe v. Virginia, 72 Va. Cir. 444 (Va. Cir. Ct. 2007) (reserved water rights)
WASHINGTON
Reser v. Pollution Control Hearings Bd., No. 39115-9, 2023 WL 6628641 (Wash. Ct. App. 2023) (termination of water rights due to nonuse) Text
Burbank Irrigation Dist. #4 v. Washington Dept. of Ecology, 534 P.3d 833 (Wash. Ct. App. 2023) (certificate did not convey new additive water right) Text
Washington State Dairy Fed’n v. State, 490 P.3d 290 (Wash. Ct. App. 2021) (Discharge permits for concentrated animal feeding operation did not impose sufficient surface water and groundwater monitoring requirements) Text
Matter of Rts. to Use of Surface Waters of Yakima River Drainage Basin, in Accordance with Provisions of Chapter 90.03, Revised Code of Washington, 498 P.3d 911 (Wash. 2021) (irrigation district water right junior to rights of Indian tribe) Text
Loyal Pig, LLC v. Washington State Dep’t of Ecology, 463 P.3d 106 (Wash. Ct. App. 2020) (any change in the department’s interpretation of water rights statute is not a rule that requires rulemaking) Text
Bassett v. Dept. of Ecology, 428 P.3d 563 (Wash. Ct. App. 2019) (department did not exceed statutory authority by adopting minimum instream flow requirements)
Holden-McDaniel Partners, LLC v. City of Arlington, 197 Wash.App. 1027 (Wash. Ct. App. 2017) (city surface owner rights) Text
Whatcom Cty. v. Hirst, 381 P.3d 1 (Wash. 2016) (county’s comprehensive plan did not satisfy requirement to protect water availability) Text
Fox v. Skagit Cty., 372 P.3d 784 (Wash. Ct. App. 2016) (well was subject to prior appropriation doctrine and could not infringe senior water rights) Text
Cornelius v. Wash. Dep’t of Ecology, 344 P.3d 199 (Wash. 2015) (reasonable diligence in prosecuting water rights) Text
Foster v. Dep’t. of Ecology, 184 Wash.2d 465 (Wash. 2015) (withdrawals of water that impaired minimum flows based on overriding considerations of public interest were required to be temporary) Text
In re Yakima River Drainage Basin, 296 P.3d 835 (Wash. 2013) (no preclusion of Indian reservation’s practicably irrigable acreage) Text
Jackass Mt. Ranch, Inc. v. S. Columbia Basin Irrigation Dist., 305 P.3d 1108 (Wash. Ct. App. 2013) (irrigation district not liable to cherry owners for landslide) Text
Swinomish Indian Tribal Community v. Wash. State Dep’t of Ecology, 311 P.3d 6 (Wash. 2013) (prohibition against impairment of minimum flows did not grant broad authority to reallocate water for new beneficial uses) Text
Kittitas Cty. v. East. Wash. Growth Mgmt. Hearings Bd., 256 P.2d 1193 (Wash. 2011) (consideration of water resources in subdivision plan) Text
Hanson Indus. Inc. v. Kutschkau, 239 P.3d 367 (Wash. Ct. App. Sept. 16, 2010) (artificially stored water) Text
Fitzpatrick v. Okanogan County, 238 P.3d 1129 (Wash. 2010) (property damage due to dike improvement by county that changed course of river) Text
Pac. Land Partners, LLC v. Washington, Dep’t of Ecology, 208 P.3d 586 (Wash. Ct. App. 2009) (relinquishing of surface water rights due to nonuse by previous owner)
Kissler v. Buckland, 134 Wash. App. 1070 (Wash. Ct. App. 2006) (transfer of water rights) Text
City of W. Richland v. Dep’t of Ecology, 103 P.3d 818 (Wash. Ct. App. 2004) (transfer of farm water permits) Text
Willowbrook Farms LLP v. Dep’t of Ecology, 66 P.3d 664 (Wash. Ct. App. 2003) (failure to claim entire water right) Text
S. Naches Irrigation Dist. v. Brewer, 116 Wash. App. 1075 (Wash. Ct. App. 2003) (easement over property to maintain irrigation ditches)
Sunnyside Valley Irrigation Dist. v. Dickie, 73 P.3d 369 (Wash. 2003) (violation of irrigation easement) Text
WEST VIRGINIA
Martin v. Hamblet, 737 S.E.2d 80 (W. Va. 2012) (surface owner did not have right to judicial review over decision to affect downstream riparian rights) Text
WISCONSIN
Clean Wisconsin, Inc. v. Wisconsin Dep’t of Nat. Res., 2021 WI 72, 961 N.W.2d 611 (Department of Natural Resources (DNR) has authority and discretion to consider environmental effects of all high-capacity groundwater wells)
WYOMING
In re General Adjudication of All Rights to Use Water in Big Horn River System, 355 P.3d 1222 (Wyo. 2015) (landowner’s predecessor-in-interest waived any right to water under canal permit) Text
Platt v. Platt, 337 P.3d 431 (Wyo. 2014) (ditch easement could not be obtained for partitioned property) Text
Kerbs v. Walck, 229 P.3d 974 (Wyo. 2010) (wrongful diversion of creek water) Text
Velasquez v. Chamberlain, 209 P.3d 888 (Wyo. 2009) (damages caused by destruction of water pipeline) Text
Lucky Gate Ranch, L.L.C. v. Baker & Assocs., Inc., 208 P.3d 57 (Wyo. 2009) (breach of engineering and survey services contract; switch from flood irrigation to center pivot) Text
William F. West Ranch, LLC v. Tyrrell, 206 P.3d 722 (Wyo. 2009) (need to exhaust administrative remedies to challenge state engineer’s administration of groundwater) Text
Krenning v. Heart Mountain Irrigation Dist., 200 P.3d 774 (Wyo. 2009) (extension of governmental immunity to irrigation district) Text
Reed v. Cloninger, 131 P.3d 359 (Wyo. 2006) (nuisance from irrigation flooding) Text
Stutzman v. Office of Wyo. State Eng’r, 130 P.3d 470 (Wyo. 2006) (failure to file water claims by state engineer) Text
Snider v. Kirchhefer, 115 P.3d 1 (Wyo. 2005) (abandonment of water right) Text
Polo Ranch Co. v. City of Cheyenne, 61 P.3d 1255 (Wyo. 2003) (city’s refusal to provide irrigation water) Text
In re General Adjudication of All Rights to Use Water in Big Horn River System, 48 P.3d 1040 (Wyo. 2002) (due diligence in irrigating; Walton claims) Text