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Posts published in “Digests”

Water Digest – March 13

Water rights weekly report for January 9. For much more news, links and detail, see the National Water Rights Digest.

The 9th Circuit Court of Appeals on March 7 held that federal implied reserved groundwater rights can be claimed by an Indian Tribe – in this case, the Agua Caliente Band of Cahuilla Indians. In Agua Caliente Band v. Coachella Valley Water District, the court said "the Tribe has a reserved right to groundwater underlying its reservation as a result of the purpose for which the reservation was established."

The Nebraska Supreme Court on March 10 held that the Republican River Compact is in effect federal law and therefore supersedes state water right law – and thereby denying a water right claim from within the state. In Greg Hill v. Nebraska Department of Natural Resources, the Nebraska high court said “We find that the Compact, as federal law, supersedes the appropriators’ property interests. We further find that the DNR does not have a duty to regulate ground water; thus, a failure by the DNR to regulate ground water pumping that affects the Basin does not give rise to a cause of action for inverse condemnation.”

The Black Hills Energy electric utility on March 7 formally gave the city of Pueblo, Colorado, and its utility Pueblo Water, its local rights on the Arkansas River, and the diversion infrastructure and equipment needed to access it.

A new film airing on the National Geographic channel on March 14, “Water & Power: A California Heist”, reviews groundwater use in the state and, as a public television channel said. “looks at how heedless groundwater tapping and secret deals over water rights put California’s water supply in peril.”

Water Digest – March 6

Water rights weekly report for January 9. For much more news, links and detail, see the National Water Rights Digest.

Santa Barbara (California) Superior Court Judge James Herman ruled against a plan by the Slippery Rock Ranch to pump groundwater for bottling, siting with the Goleta Water District. The judge held in his 30-page ruling that Goleta had a senior and adjudicated water right to groundwater in the area, and the water Slippery Rock proposed to extract “materially contributes” to it. That means, he wrote, the district is “senior appropriator with standing to enforce its claimed rights with respect to sources of water on or underlying SRR’s property that recharge the basin by way of hydrologic connectivity.”

The Bureau of Reclamation will increase flows below Iron Gate Dam to reduce the risk of disease for coho salmon in the Klamath River. Starting Feb. 10 through Feb. 13, flows below Iron Gate Dam will be elevated increasing from approximately 4,000 cubic feet per second to as much as 9,600 cfs. The public is urged to take all necessary precautions on or near the river while flows are high during this period.

The Bureau of Reclamation announced the initial 2017 water supply allocation for Central Valley Project contractors in the Friant Division, Eastside Division and Municipal & Industrial Water Service Contractors in the American River Division. The 2017 water year has been an extreme year thus far, with precipitation throughout the Central Valley on track to be the highest in our historic records,” said Reclamation’s Acting Mid-Pacific Regional Director Pablo Arroyave. “As such, Reclamation is taking an approach to the announcement of CVP water allocations this year that differs from our historic practice.”

Arizona Senator Jeff Flake, who in July won assurances that water stored in Lake Mead would be retained by Arizona, has been named chairman of the Senate Energy and Natural Resources Subcommittee on Water and Power.

Idaho Briefing – February 27

This is a summary of a few items in the Idaho Weekly Briefing for February 6. Interested in subscribing? Send us a note at stapilus@ridenbaugh.com.

The Wilderness Society and Idaho Conservation League released results of new research on February 22 that reveal what appear to be widespread violations of the Idaho constitutional limit on how much land the State Land Board can sell to private parties. The new findings further deflate claims by public land takeover advocates that Idaho citizens won’t be locked out of their forests and recreation lands if they are given to the state.

Staff from the Idaho Public Utilities Commission will conduct a public workshop for Idaho Power Company customers on Tuesday, March 21 at 7 p.m., regarding the utility’s application to accelerate depreciation for its share of the Valmy, Nevada, coal plant.

The Bureau of Reclamation and the U.S. Army Corps of Engineers will continue to increase flows from Lucky Peak Dam beginning today due to above-normal winter precipitation in the Boise River drainage.

The Idaho Department of Labor is actively investigating a scam where job seekers are receiving fraudulent emails with the subject line of “Job Offer” from a company called Juno Publishing Limited.

Nampa residents will find a new and easier-to-use website when they visit the city’s website next time. The city also modernized the Nampa logo, giving it fresh, brighter colors.

Water digest – week of Feb 27

Water rights weekly report for January 9. For much more news, links and detail, see the National Water Rights Digest.

The 9th Circuit Court of Appeals on February 21 held that a local California water authority did not have standing to challenge Department of Interior and Bureau of Reclamation decisions on water flow based on endangered species considerations. San Luis & Delta-Mendota Water Authority v. Kevin Haugrud wound up affirming federal agency obligations to take responsibility for considering endangered species considerations.

Despite objections from many water suppliers that drought conditions have ended, the State Water Resources Control Board this week voted unanimously to extend emergency water conservation regulations throughout California.

The largest coal-fired power plant in the west, the Navajo Generating Station in northeast Arizona, is proposed for an end of operations in 2019. It is a heavy water used in a parched region. The plant uses a significant amount of water, much of it from Lake Powell on the Colorado River system. What would happen to it if the plant stops operations?

photo/At the Oroville Dam in California, a partial view of the emergency spillway (left) and the concrete structure containing the gates for the main service spillway (right)

Idaho Briefing – February 20

This is a summary of a few items in the Idaho Weekly Briefing for February 6. Interested in subscribing? Send us a note at stapilus@ridenbaugh.com.

The Bureau of Land Management Challis Field Office and U.S. Forest Service Salmon-Challis National Forest are developing a draft plan for the Jim McClure-Jerry Peak Wilderness and are soliciting public comments.

Citing the stress on many rural county budgets, Idaho Senators Mike Crapo and Jim Risch joined 78 of their colleagues in sending a bipartisan, bicameral letter to the Office of Management and Budget calling on it to provide funding for the Secure Rural Schools program in the President’s upcoming budget request that will be submitted to Congress.

The Sawtooth National Forest is soliciting public comment in response to a proposal by the City of Ketchum, the City of Sun Valley, the City of Stanley, Blaine County, and the Idaho Conservation League to establish the ‘Central Idaho Dark Sky Reserve’ on both public and private lands within an area that includes the Sawtooth National Recreation Area, portions of the Ketchum Ranger District, and the cities of Stanley, Ketchum, and Sun Valley.

The State Oil and Gas Regulatory Exchange, an innovative regulatory improvement program created under the States First Initiative by two state-based organizations, finds Idaho’s oil and gas regulatory structure to be mostly in line with the regulatory practices of other oil and gas producing states, and provides guidance for Idaho as its regulation of oil and gas exploration, drilling and production continues to evolve.

Senator Jim Risch, chair of the Senate Committee on Small Business and Entrepreneurship, released the following statement regarding the Senate confirmation of Linda E. McMahon to serve as the Administrator of the U.S. Small Business Administration.

(photo/Homestead Ministries, the Boise Rescue Mission and The Ambrose School in Meridian at their Feed the Need event on February 10. This event incorporates crops grown in the Pacific Northwest and packaged by 500 students in one day. (photo/Governor Otter)

Water digest – week of February 20

Water rights weekly report for January 9. For much more news, links and detail, see the National Water Rights Digest.

A special master on February 14 sided with Georgia in its dispute with Georgia over water rights in the Apalachicola River, Chattahoochee River and Flint River.

Despite objections from many water suppliers that drought conditions have ended, the State Water Resources Control Board this week voted unanimously to extend emergency water conservation regulations throughout California.

Dropping water levels in Kenya’s Lake Turkana following the development of dams and plantations in Ethiopia’s lower Omo Valley threaten the livelihoods of half a million indigenous people in Ethiopia and Kenya, Human Rights Watch said on February 14.

The Idaho Senate has voted to confirm four members of the Idaho Water Resource Board who were reappointed to new four-year terms by Gov. C.L. “Butch” Otter. Idaho Water Resource Board Chairman Roger Chase of Pocatello was confirmed for a third term; Albert Barker, a Boise attorney, was confirmed for a second term; Vince Alberdi of Kimberly, retired, was confirmed for a third term; and John “Bert” Stevenson of Rupert, retired, was confirmed for a second term.

A measure that would have let Wyoming state agencies negotiate for water rights in Lake DeSmet failed on February 15 in the state Senate.

Water Digest – week of February 13

Water rights weekly report for January 9. For much more news, links and detail, see the National Water Rights Digest.

The Supreme Court will hear next from advocates for Texas and New Mexico in their battle over water flows in the Rio Grande. Texas appears to have the upper hand.

A group of Aiken County residents in South Carolina, concerned about high water use by a couple of local corporate farms, have asked the state’s legislature to tighten water use regulation.
South Carolina, a relatively wet riparian-doctrine state, has relatively few restrictions on water use. But as the state’s House Legislative Oversight Committee heard in late January, concerns are rising.

State legislative season has kicked in around the country, but maybe nowhere is the water right front as active as in Montana. Out in the Big Sky, at least 18 water rights related bills were introduced by early February.

TriMetals Mining Inc. said on February 7 that one of its subsidiaries has acquired the rights to 1,658 acre feet of water per year through a water lease agreement which includes an option to purchase the water rights.

Concerns about water levels in sensitive peatlands, the government of Indonesia said on Feburary it will issue a regulation requiring property owners to set up systems to monitor water levels.

Idaho Briefing – February 6

This is a summary of a few items in the Idaho Weekly Briefing for February 6. Interested in subscribing? Send us a note at stapilus@ridenbaugh.com.

The money race gets well underway for the 2018 Idaho governor’s contest, while incumbent Governor C.L. “Butch” Otter goes internationally viral with his defense of the Trump Administration’s priority for Christian refugees over others.

The GOP primary to succeed retiring Gov. Butch Otter got started a while ago, with both Lt. Gov. Brad Little and ex-state Sen. Russ Fulcher announcing their candidacies last year. Little brought in $340,000 from July to December, and he added $50,000 of his own money. That's far better than Fulcher, who lost the 2014 primary to Otter 51-44; since he announced in late August, Fulcher hauled in just $50,000.

Senator Jim Risch on February 1 introduced the Greater Sage-Grouse Protection and Recovery Act of 2017, legislation allowing states to implement their own specific conservation and management plans to protect greater sage-grouse populations and their habitats, in lieu of federal management. Original cosponsors of the bill include Senators Mike Crapo, Dean Heller (R-NV), Orrin Hatch (R-UT), Mike Lee (R-UT), and Steve Daines (R-MT).

Micron Technology, Inc. on February 2 announced the retirement of Chief Executive Officer Mark Durcan.

The Boise City Council on February 1 endorsed a resolution highlighting the city’s long-standing role as a welcoming community and a community of refuge for those fleeing violence and persecution from conflicts around the globe.

A recently completed audit shows logging operations examined on private, state, and federal lands in Idaho overall were 96% compliant in applying laws designed to protect water quality.

The seventh annual ACHD revenue and expense report details more than $1 billion in spending on transportation within each city and Ada County since 2002.

PHOTO Idaho Fish and Game is feeding big game animals at nearly 110 sites this winter and expects to spend about $650,000 on the effort (photo/Department of Fish & Game)

Montana bottler; Calistoga win; well closure

Water rights weekly report for January 9. For much more news, links and detail, see the National Water Rights Digest.

A Kansas court has closed permanently two wells operated by the company American Warrior in light of a lawsuit filed by a local senior water right holder, the Garetson family. That extends a temporary injunction that had been in place, ordered by District Court Judge Linda Gilmore, since 2013.

The Montana Department of Natural Resources and Conservation on January 14 issued a preliminary water right permit for Montana Artesian Water Company, which would prospectively allow it to withdraw large amounts of water from the Deep Artesian Aquifer through a well.

The city of Calistoga, California, on January 26 prevailed in a challenge to its municipal water supply rights.

The town board of the Colorado city of Windsor voted on January 23 to buy a large batch of water rights – priced at $2.1 million – to maintain nearby Lake Windsor and levels of current water use in the city. Windsor is a community of about 20,000 people.

The documentary film “Water & Power: A California Heist” was shown at the Sundance Film Festival in Utah in late January.
Director Marina Zenovich visited communities in the San Joaquin Valley where water disparities abounded. As a review in the Salt Lake Tribune said, “where locals can't get clean tap water. However, in the corporate agribusinesses near those towns, there's plenty of water to grow almonds, pistachios and pomegranates.”

FL resignation; gold water buy; Sundance doc

Water rights weekly report for January 9. For much more news, links and detail, see the National Water Rights Digest.

Jon Steverson, the top administrator in the Florida Department of Environmental Protection, in January resigned after legislative complaints about exploding legal bills in the state’s water war with Georgia. He will depart on February 3. Steverson will go to work for the law firm Foley Gardner, which is one of the four private firms the state hired to prosecute its claims in the water case.

Canamex Resources Corp. said on January 24 that the Nevada Division of Water Resources has granted it an extension through 2017 for a subsurface water right for the Bruner Gold Project located in Nye County, Nevada.

The Idaho Department of Water Resources has ordered a reduction on water use by holders of about 70 rights holders in the eastern part of the state. They were not participants in a groundwater mitigation program.

The documentary film “Water & Power: A California Heist” was shown at the Sundance Film Festival in Utah in late January.
Director Marina Zenovich visited communities in the San Joaquin Valley where water disparities abounded.