Somach Simmons & Dunn’s Post

Discover the ins and outs of riparian water rights in California—a complex but crucial aspect of state law for developers and land buyers alike. Riparian rights, which grant usage privileges to landowners with a direct connection to bodies of water, offer unique benefits and considerations, emphasizing the importance of understanding these rights in water management and property transactions within the state. https://lnkd.in/dEkrXZSa #NovakLaw #Environment #California #RiparianWaterRights

Recent federal court decisions have narrowed the definition of what constitutes a wetland. Joe Brogan's latest article can help you make sense of what it means for you. #legaladvisor

Article 97 of the Amendments to the Massachusetts Constitution, approved by the voters in 1972, established a right to a clean environment including its natural, scenic, historical, and aesthetic qualities for the citizens of the Commonwealth. This codified and expanded what the Legislature may enact as laws using the Police Power, and municipalities may enact as bylaws and ordinances using Home Rule. Article 97 also declared the conservation of natural resources to be a public purpose, and provided that land, easements, or real property interests protected by Article 97, originally taken or acquired or subsequently dedicated to a natural resources purpose, shall not be used for other purposes or disposed of without a 2/3 roll call vote of both houses of the Legislature. That part of Article 97 is a super-majority legislative check on changes of use or transfers of Article 97 protected properties. Over the years EOEEA has augmented Article 97 with its assessment program and review policy with the goal of "no net loss" of such land and water areas. Now these procedures and standards have been codified and augmented in the Public Lands Preservation Act (PLPA). This new law took effect February 2023. Public and private landowners, property managers, facility operators, open space stewards, funding agencies, and the boards with care and control of "Article 97 Lands," and their legal counsel involved in projects and transfers, take note of the recent EOEEA Guidelines and Portal for proposals and submittals on "Article 97 Actions."

Our latest #IdahoWaterLaw Update from Maximilian Bricker delves into legal disputes over water rights in the Eastern Snake River Plain Aquifer (ESPA). Covering pending matters like the Surface Water Coalition's call for curtailment, an ongoing moratorium on new water appropriations, and the formation of a groundwater management plan, it outlines the complexities surrounding water usage, potential economic impacts, and ongoing legal battles within the ESPA. This is a general overview of various issues that affect the interests of water users located within the boundaries of the ESPA. All of the administrative matters described relate to the Idaho Department of Water Resources’ view that it must increasingly regulate existing junior ground water rights, and prevent new consumptive uses, to avoid injury to senior surface water rights due to perceived declines in the ESPA. Somach Simmons & Dunn attorneys represent the interests of the City of Pocatello in legal matters including, but not limited to, those described in the article. Read the full story: https://lnkd.in/gyDvfJpS #SomachLaw cc Sarah Klahn

Yesterday, on Feb. 13, 2024, the governor signed the first of several water-rights-related bills discussed in this year’s legislative session. This particular bill, Senate Bill 39 (S.B. 39), provides that a water company has 120 days to respond to any shareholder change application. Last year, that number of days was cut in half for temporary change applications, however, after further collaboration, it was determined that more time was needed for companies to respond. (S.B. 39 - Water Shareholder Amendments bill was sponsored by Senator Scott D. Sandall, District 1; and Representative, and Majority Assistant Whip, Casey Snider, District 5.) As a result, the number of days allowed for companies to respond on temporary change applications will once again be 120 days. To follow legislative activities affecting water rights and the Utah Division of Water Rights, go to https://le.utah.gov/ and look up "water rights." Pictured below: Teresa Wilhelmsen, Utah State Engineer and Director of the Division of Water Rights, participates in this the 2024 Utah Legislative Session. #utah #utleg #utahlegislativesession #waterrights #utwaterrights #government #stategovernment

In this episode of Environmentally Speaking host Clarice welcomes Kerin Browning to the team and they engage in a nuanced discussion about a recent court decision concerning land use and zoning issues. The conversation delves into the legal complexities surrounding notice requirements, the concept of hardship in the context of zoning variances, and the essential deliberative process for municipal boards. By examining a specific case, the episode provides valuable insights into the intricate legal framework of land use decisions, shedding light on the significance of thorough legal considerations in zoning matters. #environmentallaw #environmentallawyer #newportri #desautelbrowninglaw #rhodeisland #newengland

Rhett Larson, a professor of water law at ASU Law, was quoted in an article published by "The Guardian" about Colorado River water rights. The article discusses the contentious issue of transferring water rights from rural communities to rapidly growing cities and the complex legal and ethical dilemmas that arise from this issue. Read the article here: https://ow.ly/UzbM50Rrnno

The latest issue of our Legal Reporter includes: -New wetlands rule reflects the Supreme Court’s interpretation of “waters of the United States.” By some estimates, this new rule could impact 63 percent of the nation’s wetlands. -Update: Interim agreement reached in landmark environmental justice case in Lowndes County, Alabama. Under this agreement, the Alabama Department of Public Health has pledged to cease the criminal enforcement of sanitation laws that lead to penalties or jail time for residents unable to afford septic systems and to actively inform residents of this change in the law. -Construction of an Alabama coastal bridge creates rift. The Alabama Supreme Court allows work on a future non-toll bridge about a mile from the existing toll bridge connecting Foley with Gulf Shores and Orange Beach. -Dividing property: A divisive issue. A Gulfport, Mississippi, couple were told by the Mississippi Court of Appeals that because they did not have the required approval of their plan in writing from their neighbors and/or other interested parties, their attempt to subdivide their lot was not legal. -What coastal communities can do to adapt to changing land use paradigms. Adaptive reuse and merging building rehabilitation and coastal mitigation.

A controversial highrise proposal has been approved by the city’s planning and housing committee for the second time, but federal officials are threatening to pursue legal action over the proposal’s impact on the neighbouring Central Experimental Farm. https://lnkd.in/egxvpSxv #ottawahighrise #experimentalfarmottawa #ottawacityplanning #controversialhighriseottawa

Purchasing a home with land that has a well or streams on the property? Here's what you need to know beforehand in regards to your water rights.