The U.S. Supreme Court has unanimously held that a U.S. Army Corps of Engineers’ (“Corps”) “approved jurisdictional determination” (“approved JD”) under Section 404 of the Clean Water Act (“CWA”) is a final agency action judicially reviewable under the Administrative Procedure Act[1. 5…

In New Mexico, agricultural land is often used as collateral for financing.  Due to water scarcity, growing populations and competing needs for water, the value of water rights independent of the land itself is increasing and very likely will continue to increase,…

The United States Supreme Court has agreed to review an appeal from a decision by the Eighth Circuit Court of Appeals that found that the Corps of Engineers’ Approved Jurisdictional Determinations (“JD”) are final agency actions and are immediately appealable under the…

Two federal courts have preliminarily halted the enforceability of the “Clean Water Rule”[1. 80 Fed. Reg. 37,054 (June 29, 2015), available here.]  promulgated jointly by the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) to define anew “waters…

Most Native American tribes have at least some land that was reserved by the federal government for the purpose of creating a homeland for the Tribe. Under the Winters doctrine, established by the United States Supreme Court in 1908,[1. Winters v. United States, 207…

On March 12, 2015, the New Mexico Oil Conservation Commission formally approved a revision to the Commission’s produced water regulations.  The revised Rule repeals and replaces existing Rule 34, which regulates the disposition of produced water, and enacts a new rule regulating…

Applying for Water Rights – from Basic to Complex In order to obtain a water right one must apply for a water permit from the New Mexico Office of the State Engineer. A water permit is an inchoate right and is the…