This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Environmental & Energy,
Administrative/Regulatory,
9th U.S. Circuit Court of Appeals

Mar. 11, 2017

Winters rights apply to groundwater, too

This week the 9th Circuit held, as a matter of first impression, that the so-called "reserved rights" doctrine applies to groundwater.

Josh Patashnik

Munger Tolles & Olson LLP

See more...

This week the 9th U.S. Circuit Court of Appeals issued its long-awaited (at least among water law junkies) opinion in Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District, 2017 DJDAR 2068 (March 7, 2017). The decision is both significant and unsurprising. As most observers expected, the court held, as a matter of first impression, that the so-called "reserved rights" doctrine applies to groundwater. The main effect of the 9th Circuit's ruling will be to provid...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up