Pocatello v. State — This case involved the City of Pocatello's claim for water rights under the federal statute that established Pocatello as a townsite in the middle of the Shoshone-Bannock Indian Reservation. We were denied certiorari from the United States Supreme Court on the water rights issue, but the Idaho Supreme Court found that the City had a congressionally granted right-of-way across the reservation.
Vance v. Wolfe, Pawnee Wells Users v. Wolfe
This case was brought on behalf of ranching clients whose water rights were put at risk by the oil and gas industry's unregulated ground water diversions. The Division 7 Water Court and Colorado Supreme Court agreed that oil and gas ground water diversions were subject to Colorado water law, the same as any other ground water diversions in the state.
The companion case involved a dispute over the State Engineer's nontributary rules, promulgated to allow oil and gas operators to avoid the burdens of Colorado water law when the ground water diverted was demonstrably nontributary, in which the Southern Ute Tribe sought to both avoid State Engineer jurisdiction under the nontributary rules as well as state water law that would be applicable in the absence of the rules. The Court rejected the Tribes' efforts to have it both ways.
Yellow Jacket Water Conservancy District v. Livingston — The Supreme Court reversed the water court's dismissal of the YJ District's diligence applications, finding that even if the District's board was in "holdover" status, state statute provided that their ratification of the diligence application was lawful.