As reported in our prior blog on County of Maui v. Hawaii Wildlife Fund, the Supreme Court punted on providing clear guidance to the regulated community on when a Clean Water Act Section 402 National Pollutant Discharge Elimination System (“NPDES”) permit is needed. As a result, the EPA stepped in and issued a draft guidance […]
On April 23, 2020, a divided Supreme Court ruled in County of Maui, Hawaii v. Hawaii Wildlife Fund that the Clean Water Act (“CWA”) “requires a permit when there is a direct discharge from a point source into navigable waters or when there is the functional equivalent of a direct discharge.” The Court reversed and […]
Colorado water law provides a simplified procedure to change a water right when the only change is in the point of diversion of a surface water right where there are no intervening diversions or inflows between the old and new locations. C.R.S. § 37-92-305(3.5). This simplified procedure makes it easier to replace old diversion structures […]
In late March, the Colorado Supreme Court ruled in County of Boulder v. Boulder & Weld County Ditch Co., 367 P.3d 1179 (Colo. 2016). While this case did not involve any novel questions of Colorado water law, it did provide a clear warning to applicants for changes of water rights that they must be prepared […]