water rights

Update in Agua Caliente Water Rights Suit — Responsive Pleadings to Cross-Motions for Summary Judgment

Matthew L.M. Fletcher2 Comments

Here is the latest round of pleadings in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

2014-12-05 – Dkt 092-00 – CVWD Opposition to ACBCI and US Motions for Summary J

2014-12-05 – Dkt 093 – US Opposition to CVWD Motion for Summary Judgment

2014-12-05 – Dkt 094 – US Opposition to DWA Motion for Summary Judgment

2014-12-05 – Dkt 095 – DWA Opposition to ACBCI Motion for Summary Judgment

2014-12-05 – Dkt 096 – DWA Opposition to US Motion for Summary Judgment

2014-12-05 – Dkt 097-00 – ACBCI Opposition to CVWD Motion for Summary Judgment

2014-12-05 – Dkt 098-00 – ACBCI Opposition to DWA Motion for Summary Judgment

Cross-motions are here.

DOI Indian Water Rights Office extends Comment period to December 15, 2014

Matthew L.M. Fletcher

Here:

NoticeofExtensionofcommentPeriod11 20 14

Comments on proposed Spokane River Instream Flow Rule Due Friday

Ann Tweedy

For Washingtonians who may be interested, here’s an article from the Center for Environmental Law & Policy. Washington_Water_Watch_(Nov.-2014)_Final

Cross-Motions for Summary Judgment in Agua Caliente Water Rights Claims

Matthew L.M. Fletcher3 Comments

Here are the materials in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District (C.D. Cal.):

82-1 CVWD Motion for Summary J

83 US Motion for Summary J

84-1 Desert Valley Water Dist. Motion for Summary J

85-1 Agua Caliente Motion for Summary J

Previous posts here, here, and here.

Federal Judge Awards Remaining Truckee River Water to Pyramid Lake Tribe

Matthew L.M. Fletcher

Here is the order in United States v. Orr Water Ditch Co. (D. Nev.):

1173 Motion to Modify

1512 DCT Order

News coverage here.

Federal Court Rules in Favor of Interior and Lower Klamath River Tribes in Water Dispute

Matthew L.M. Fletcher

Here are the materials in San Luis & Delta-Mendota Water Authority v. Jewell (E.D. Cal.):

95 First Amended Complaint

113 Water Districts Motion for Summary J

116 Pacific Coast Federation of Fisherman Opposition

118 Hoopa Opposition

119 Yurok Opposition

120-1 US Opposition

122 California Amicus Opposition

125 Water Districts Reply

132 Pacific Coast Federation of Fishermen Reply

133 Hoopa Reply

134 Yurok Reply

135 US Reply 

175 DCT Order

News coverage here: “Judge won’t stop emergency water releases helping Klamath Basin salmon.”

UPDATE 10/8/14:

181 DCT Order on Cross Motions for Summary J

Federal Court Dismisses Navajo Colorado River Water Rights Claims

Matthew L.M. Fletcher2 Comments

Here are the materials in Navajo Nation v. Dept. of Interior (D. Ariz.):

240-1 Interior Motion to Dismiss

253 Hopi motion to dismiss

282 Navajo Response

293 Interior Reply

305 DCT Order Dismissing Claims

Anishinaabe Nibi Inaakonigewin (water law) Report by Aimée Craft

Matthew L.M. Fletcher

Amazing material. Here.

Federal Judge Allows U.S. Intervention in Agua Caliente Water Rights Case

Kate Fort1 Comment

Press coverage here.

Previous coverage here.

The order is here:

70 DCT Order Granting Intervention

Tribal Water Law and Policy Class Offered by UC Davis Extension

Matthew L.M. Fletcher

Here. Here is the description:

As a result of tribes’ sovereign status and federally recognized water rights, they have an important place in the management and allocation of California’s water resources. While most water rights are based on state law, federal law recognizes a special type of water right commonly known as “federal reserved rights.” This right was first recognized in 1906 by the United States Supreme Court in Winters v. United States and applies to certain federal lands, including tribal reservations. Many California tribes have established reserved rights or are in the process of asserting them. This class will cover the legal foundation and policy behind Indian water rights and how these rights fit in California’s water allocation system. Students will review recent developments involving Indian water rights, including quantification through litigation and congressionally approved water rights settlement. They will also review Indian water rights issues in the Klamath, Lake Tahoe and Colorado River Basins. This unique class is a continuation of the California Water Law and Policy offered by the UC Davis Extension and would be of interest to policy executives, water and environmental officials, and tribal representatives who wish to better understand California water.