water rights

New Scholarship in Wyoming’s Big Horn River General Stream Adjudication

Matthew L.M. Fletcher

Jason Robison has posted his forthcoming paper, “Wyoming’s Big Horn General Stream Adjudication, 1977-2014,” on SSRN. It is forthcoming in the Wyoming Law Review.

An excerpt:

Aimed at addressing water rights in the State of Wyoming’s portion of the Wind/Big Horn Basin, including those held by the Eastern Shoshone and Northern Arapahoe tribes on the Wind River Indian Reservation, the Big Horn general stream adjudication is currently poised to draw to a close after 37 years. This article offers an overview of this complex and often contentious legal proceeding, relying mainly on primary sources contained in a digital archive, and situates the adjudication within the broader context of western water law.

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