This case concerns whether a water court has jurisdiction to consider a claim for inverse condemnation alleging a judicial taking of shares in a mutual ditch company. The water court dismissed plaintiff-appellant Sam Allen’s inverse condemnation claim, concluding that his claim was “grounded in ownership and the conveyance of that ownership, not use,” and therefore the claim was not a water matter within the exclusive jurisdiction of the water court. We agree and thus affirm the water court’s dismissal order.

The Court concludes that Allen’s complaint raised only questions about the ownership of his interest in the ditch company shares and not questions about the use of water rights, court concludes that this case does not involve a “water matter” within the water court’s jurisdiction. The Court therefore affirm the water court’s judgment dismissing Allen’s complaint for lack of subject matter jurisdiction.

REGULATORY:
Notice of public meeting and request for comments: U.S. Codex Office, USDA; The U.S Codex Office is sponsoring a public meeting on May 6, 2019. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 40th Session of the Codex Committee on Methods of Analysis (CCMAS) of the Codex Alimentarius Commission, in Budapest, Hungary, May 27-31 2019. The U.S. Manager for Codex Alimentarius and the Under Secretary, Office of Trade and Foreign Agricultural Affairs, recognize the importance of providing interested parties the opportunity to obtain background information on the 40th Session of the CCMAS and to address items on the agenda. INFO HERE

Notice of public meeting and request for comments: U.S. Codex Office, USDA; The U.S Codex Office is sponsoring a public meeting on February 25, 2019. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 31st Session of the Codex Committee on General Principles (CCGP) of the Codex Alimentarius Commission, in Bordeaux, France, March 11-15, 2019. The U.S. Manager for Codex Alimentarius and the Under Secretary for Trade and Foreign Agricultural Affairs recognize the importance of providing interested parties the opportunity to obtain background information on the 31st Session of the CCGP and to address items on the agenda. INFO HERE

Notice of public meeting and request for comments: U.S. Codex Office, USDA;

The U.S Codex Office is sponsoring a public meeting on April 1, 2019. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 13th Session of the Codex Committee on Contaminants in Foods (CCCF) of the Codex Alimentarius Commission, in Yogyakarta, Indonesia, April 29-May 3, 2019. The U.S. Manager for Codex Alimentarius and the Under Secretary for Trade and Foreign Agricultural Affairs recognize the importance of providing interested parties the opportunity to obtain background information on the 13th Session of the CCCF and to address items on the agenda.

INFO HERE

Notice of deauthorization of Federal funding: Natural Resources Conservation Service (NRCS), USDA;

NRCS gives notice of the deauthorization of Federal funding for the Lick Creek Watershed project, Russell, Dickenson and Wise Counties, Virginia. INFO HERE

Notice and request for comments: Agricultural Marketing Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service’s (AMS) intention to request for renewal a recordkeeping burden for the information collection for the Export Fruit Acts covering exports of apples and grapes. INFO HERE

Final rule: Agricultural Marketing Service, USDA; This rule removes the requirement in the Processed Raspberry Promotion, Research, and Information Order (Order) that each eligible producer of raspberries for processing and eligible importer of processed raspberries pay to the National Processed Raspberry Council (Council) an assessment in the amount of one cent per pound as specified in the Order. The remaining provisions of the Order and regulations issued thereunder will terminated at a later date. This action is necessary because termination of the Order was favored by a majority of the eligible producers and eligible importers voting in a referendum conducted from September 10 through October 5, 2018. INFO HERE