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Postjudgment “Water Interest”: Lifting The Headgate To Let Appropriate Compensation Flow For Unlawful Diversions, Jeffrey T. Matson
Postjudgment “Water Interest”: Lifting The Headgate To Let Appropriate Compensation Flow For Unlawful Diversions, Jeffrey T. Matson
Jeffrey T Matson
Irrigators overdraw many Western streams to the detriment of tribal and environmental uses; these conflicting interests regularly battle in state and federal court over water allocation. This article profiles United States v. Bell (Bell) —the latest such skirmish among warring parties in the Truckee and Carson River basins of northern Nevada. In Bell, the United States Court of Appeals for the Ninth Circuit faced persistent excessive irrigation diversions by the Truckee Carson Irrigation District (TCID) in violation of applicable federal court decrees, administrative Operating Criteria and Procedures (OCAPs), and the Congressional Settlement Act of 1990. The Court discussed an unprecedented …