Water Law

EPA’s Maui Draft Guidance: Industry Left Wondering, “What is a ‘functional equivalent’ of a regulated direct discharge?”

As reported in our prior blog on County of Maui v. Hawaii Wildlife Fund, the Supreme Court punted on providing…

4 years ago

How do you know if you need a federal permit when you discharge pollutants into groundwater? “That’s your problem,” Supreme Court says.

On April 23, 2020, a divided Supreme Court ruled in County of Maui, Hawaii v. Hawaii Wildlife Fund that the…

5 years ago

The Complicated Consequences of a Simple Change

Colorado water law provides a simplified procedure to change a water right when the only change is in the point…

7 years ago

Colorado Supreme Court Applies Strict Burden of Proof of Historical Use for Change of Water Rights

In late March, the Colorado Supreme Court ruled in County of Boulder v. Boulder & Weld County Ditch Co., 367…

8 years ago