Topic
Water Rights
379 published works
Turtle Talk
Fort Belknap Milk River Suit Survives Motions to Dismiss
Here are the updated materials in Fort Belknap Indian Community of the Fort Belknap Reservation of Montana v. United States (D. Mont.): 54 Federal MTD.pdfDownload 56 Blackfeet Tribe MTD.pdfDownload 66 FBIC…
Legal Bites
Residential Zoning Cannot Override Statutory Protection of Water Bodies: Supreme Court
The Supreme Court, in S. Gururaj v. The Additional Chief Secretary/Commissioner of Land Administration and Others (2026 INSC 1146), has ruled that the classification of land as a residential or…
Fennemore
Use, Not Risk: California Supreme Court Clarifies CEQA’s Class 1 Exemption
By Fennemore
Sunflower Alliance v. Department of Conservation et al., Reabold California, LLC, Real Party in Interest and Appellant, was decided by the California Supreme Court on June 25, 2026. The Court…
In: Environmental Law
Ninth Circuit Concludes United States Not Immune from Water Rights Lawsuit
In late September 2026, the Ninth Circuit Court of Appeals issued a ruling in a water rights dispute between Nevada ranchers and the federal government. The dispute centers on rights…
Agricultural Law and Taxation Blog
Kansas Farm Bureau Challenges Greater GMD 4 LEMA
Overview Kansas water law rests on a fundamental principle: water rights are property rights, and the exercise of those rights is governed by the state's system of prior appropriation. But…
Texas Agriculture Law Blog
Basics of Texas Water Law
I recently did a presentation for a great webinar series called Water Wednesdays, hosted by John O’Connell, a Coastal and Marine County Extension Agent. We did a basic overview of…
Agricultural Law and Taxation Blog
Can the Federal Government Change State Water Rights?
Overview Water disputes in the arid West have always involved more than competing farmers and ranchers. Increasingly, they involve the federal government, federal land-management agencies, and the tension between state…
Turtle Talk
Newsom Vetoes Sacred Sites and Tribal Water Bills Despite Overwhelming Votes
Five days after celebrating legislation that formally apologized to California’s Native people and strengthened Tribal consultation, California Governor Gavin Newsom vetoed two bills that would have made Tribal interests legally…
California Appellate Report
Baker Ranches, Inc. v. Bergum (9th Cir. – Sept. 30, 2026)
By Shaun Martin
I don't know. I see both sides. Judge Owens makes good points for the majority, but the competing view (adopted by Judge Rawlinson in dissent) has a lot going for…
Utah Water Law and Water Rights
Appointment of New Special Master
By jeffgittinsutahwaterrights-blogspot-com
On September 25, 2026, Third District Court Judge Laura S. Scott issued an Order appointing Janelle Bauer as Special Master for the Utah Lake / Jordan River General Adjudication. Ms.…