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Colorado’s Oldest Water Rights get Extra Protection from State Engineer

/in , , /by /The Aspen Timesby Heather Sackett

For the second time, the state’s top water cop has directed the Western Slope’s oldest and most valuable water rights to be left off the once-a-decade abandonment list. That means hundreds of these mostly irrigation water rights have been granted immunity — even though they are no longer being used — from the threat of “use it or lose it,” further enshrining them in the state’s system of water administration and dealing a blow to the validity of the well-known adage.

Every 10 years, engineers and water commissioners from the Colorado Division of Water Resources review every water right — through diversion records and site visits — to see whether it has been used at some point in the previous decade. If it hasn’t, it could end up on the decennial abandonment list, which is scheduled to come out in July.

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Oral Arguments in IID’s Abatti Appeal Set for Friday

/in , , /by /Imperial Valley Pressby Michael Maresh

A three-member Fourth Appellate District Court of Appeals panel at 9 a.m. Friday will listen to oral arguments in the Imperial Irrigation District’s appeal of a 2017 Superior Court ruling in favor of former IID director and local farmer Mike Abatti on water rights.

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The Great Divide: California Communities Battle for Rights to Water

/in , , /by /The Fresno Beeby Austin Ramsey

An ongoing struggle between two communities less than a mile apart illustrates the challenges California faces as it tries to deliver clean, affordable drinking water to more than 1 million residents without access to what the state has called a “basic human right.”

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Tensions Emerge as a Top Arizona Official Discusses Tribes’ Unresolved Water Claims

/in , , /by /Arizona Republicby Ian James

Many of Arizona’s Native tribes have long-standing claims to water rights that haven’t yet been settled, and a discussion of efforts to negotiate possible agreements took center stage at a meeting of Gov. Doug Ducey’s water council.

The meeting grew tense after Arizona’s top water official gave a presentation on the status of tribes’ unresolved water claims, and then didn’t allow leaders of four tribes to speak.

Arizona Department of Water Resources Director Tom Buschatzke said he sent letters a week ago to all 22 federally recognized tribes in Arizona inviting them to speak about the issue at upcoming meetings later this year.

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Nevada Supreme Court Hears Arguments About the State’s Role in Protecting Water for the ‘Public Trust’

/in , , /by /The Nevada Independentby Daniel Rothberg

The Nevada Supreme Court heard arguments Tuesday in a case weighing how state regulators should consider “public trust” values — the environment or recreation — when the sustainability of lakes or rivers could be harmed by how the state has allocated water rights.

The questions before the court stem from ongoing federal litigation over the use of water in the Walker River. But the case has received significant attention because it could provide an opportunity for the state’s top court to bolster legal protections for the environment. At the same time, agricultural groups, businesses and municipal water users fear a broad ruling could upend their existing water rights.

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IID Prevails Against Farmer Michael Abatti’s Contempt of Court Complaint

/in , , /by /The Desert Sunby Mark Olalde

The Imperial Irrigation District has been found not guilty of a contempt of court complaint brought against it by farmer Michael Abatti as part of his contentious fight over water rights in the Imperial Valley.

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Judge Brooks Anderholt Takes Mike Abatti Contempt Lawsuit Against IID Under Submission

/in , , /by /Imperial Valley News

Imperial, California – The Imperial Irrigation District appeared before Imperial County Superior Court Judge Brooks Anderholt, Tuesday, to defend itself in a contempt-of-court lawsuit filed by farmer Mike Abatti. This is an extension of the litigation brought against the district by Abatti in 2013 that challenged IID’s Equitable Distribution Plan, and is currently on appeal before the Fourth District Court of Appeal.

In his latest legal challenge to IID’s water rights and operations, Abatti asked the trial court to find IID in contempt for violating the judge’s August 2017 order prohibiting the district from entering into any new industrial water supply contracts until it implements an EDP based on water history.

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City of Ventura Faces Calls to Drop Legal Action, Water Adjudication

/in , /by /VC Star.by Cheri Carlson

People crowded into an Ojai junior high school auditorium recently after thousands received legal notices or a court summons from the city of Ventura. The city notified 14,000-plus property owners in the Ventura River watershed of a potential adjudication of water rights. That move came years after the city faced legal action over its own water use. In 2014, Santa Barbara Channelkeeper filed a lawsuit alleging the city was taking too much water from the river, hurting habitat for steelhead trout and other wildlife. The nonprofit sued to compel the state to intervene, analyze the city’s pumping and set conditions on it if appropriate.

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Spaletta Chosen as FPUD Special Counsel for Santa Margarita Water Rights

/in , /by /Village News (Fallbrook, Calif.)by Joe Naiman

The Fallbrook Public Utility District will use Jennifer Spaletta as FPUD’s special counsel for matters involving Santa Margarita River water rights.

A 5-0 FPUD board vote, Oct. 28, approved the legal services agreement with Spaletta Law. Spaletta replaces Martha Lennihan, who retired.

“We just retained another water rights attorney with a lot of experience and knowledge in the area,” FPUD general manager Jack Bebee said.

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Voluntary Agreements Shared With State Water Board. Will They Replace Disputed Flow Plan?

/in , /by /The Modesto Beeby Ken Carlson

The top state agencies that manage water and wildlife resources in California submitted a package of voluntary agreements with water districts to the State Water Resources Control Board on Friday, as an alternative to controversial flow requirements approved in December for the Tuolumne, Stanislaus and Merced rivers. The agreements, hammered out in the waning hours of Gov. Jerry Brown’s administration and favored by Gov. Gavin Newsom, combine increased river flows with a larger set of tools for restoring salmon in rivers that feed into the San Joaquin-Sacramento Delta.

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