Water Law Update

Sponsored by the Agricultural and Food Law Consortium

Topic:JJR 2013

This webinar summarizes recent legislative developments and case law from around the country that impact agriculture and agribusiness. The status of the Waters of the United States Rule will be analyzed. Recent case law on exempt wells, water rights and regulatory takings, and other important topics will be discussed. The webinar will include an analysis of the possible impacts of Des Moines Water Works decision. Practical impacts for the producer and agricultural law will be emphasized throughout the webinar.



This webinar was recorded on September 6, 2017.  To listen to a recording of the webinar, please click here.



JESSE J. RICHARDSON, JR. is a Professor of Law and the Lead Land Use Attorney at the Land Use and Sustainable Development Law Clinic at the West Virginia University College of Law. Before coming to WVU, Richardson was an Associate Professor at Virginia Tech. His research and experience focuses on land use law and water law. Jesse began his legal career in private practice in his home town of Winchester, Virginia, first with a large law firm, then as a solo practitioner.

He is the Past President of the American Agricultural Law Association and was honored with the 1999 Professional Scholarship Award from the American Agricultural Law Association, the 2004 William E. Wine Award for a history of teaching Excellence from Virginia Tech (the highest teaching award granted by the university), and the 2009 University Certificate of Excellence in Outreach. He holds a B.S. and M.S. in Agricultural and Applied Economics from Virginia Tech and a J.D. from the University of Virginia School of Law.

Cases & Materials:

Powerpoint Presentation


Duarte Nursery, Inc. v. U.S. Army Corps of Engineers, 17 F. Supp. 3d 1013 (E.D. Cal. 2014)

U.S. Army Corps of Engineers v. Hawkes Co., 136 S. Ct. 1807 (2016)

Bd. of Water Works Trustees of City of Des Moines, Iowa v. Sac Cty. Bd. of Supervisors, No. C15-4020-LTS (N.D. Iowa Mar. 17, 2017)

Edwards Aquifer Auth. v. Day, 369 S.W.3d 814 (Tex. 2012)

Edwards Aquifer Auth. v. Bragg, 421 S.W.3d 118 (Tex. App. 2013)

Klamath Irrigation v. United States, 129 Fed. Cl. 722 (2016)

The Clark Fork Coal. v. Tubbs, 2016 MT 229, 384 Mont. 503, 380 P.3d 771

Kittitas Cty. v. E. Washington Growth Mgmt. Hearings Bd., 172 Wash. 2d 144, 256 P.3d 1193 (2011)

Swinomish Indian Tribal Cmty. v. Washington State Dep’t of Ecology, 178 Wash. 2d 571, 311 P.3d 6 (2013)

Whatcom Cty. v. Hirst, 186 Wash. 2d 648, 381 P.3d 1 (2016)

Five Corners Family Farmers v. State, 173 Wash. 2d 296, 268 P.3d 892 (2011)

On New Mexico’s Motion To Dismiss Texas’s Complaint And The United States’ Complaint In Intervention And Motions Of Elephant Butte Irrigation District And El Paso County Water Improvement District No. 1 For Leave To Intervene, Special Master A. Gregory Grimsal (Feb. 9, 2017)

Memorandum of Decision on Tennessee’s Motion to Dismiss, Memphis and Memphis Light, Gas & Water Division’s Motion to Dismiss and Mississippi’s Motion to Exclude, Special Master Hon. Eugene E. Siler, Jr. (Aug. 12, 2016)

Coyote Lake Ranch, LLC v. City of Lubbock, 498 S.W.3d 53 (Tex. 2016)

Siskiyou Cty. Farm Bureau v. Dep’t of Fish & Wildlife, 237 Cal. App. 4th 411, 188 Cal. Rptr. 3d 141 (2015)

Texas Comm’n on Envtl. Quality v. Texas Farm Bureau, 460 S.W.3d 264 (Tex. App. 2015), review denied (Feb. 19, 2016)

Jowers v. S.C. Dep’t of Health & Envtl. Control, No. 2016-000428 (S.C. July 19, 2017)

Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., 849 F.3d 1262 (9th Cir. 2017)