CO Supreme Court Releases Water Rights Decision With Potentially Significant Ramifications

June 10, 2015   |   Litigation, Water Law

On June 1, the Colorado Supreme Court released its decision in Frees v. Tidd, in which it held that a land owner whose property is burdened by an irrigation ditch easement may obtain a junior conditional water right at the headgate of that irrigation ditch for non-consumptive hydropower use of water that the neighbor is diverting from the stream under a senior water right.… [Read More]

Final “Waters of the United States” Rule Released

June 3, 2015   |   Environmental Law, Water Law

On May 27, the EPA and the US Army Corps of Engineers (“Corps”) released the final “waters of the United States” rule, which defines the scope of waters protected by the Clean Water Act. The Clean Water Act itself provides that it covers “navigable waters,” which are defined in the statute as “waters of the United States, including territorial seas.” According to EPA and the Corps, the new rule, which replaces the current rule that was codified in 1986, aims to make the process of identifying waters protected by the Clean Water Act easier to understand and more predictable.… [Read More]