State Adjudications

A majority of the western states are involved in general stream adjudications. These complex and lengthy lawsuits are among the largest civil proceedings ever to be litigated in state and federal courts. Here are the current listings:

STATE POPULATION RIVER SYSTEM WHEN COMMENCED CLAIMS/PARTIES SCOPE FEATURES
Alaska 663,661 No adjudications pending        
Arizona 5,939,292 Gila River adjudication 1974 67,000 claims/24,00 persons Includes 2/3's of state; almost all populated areas; all major cities, towns, industries; 15 reservations (including Navajo, Hopi, Apache); Federal agencies Proceedings pending before 2 Superior Court judges sharing same special master.
Little Colorado River adjudication 1978 11,00 claims/3,000 persons   3 completed Indian water rights settlements
California 36,132,147 To date, proceedings completed or pending regarding 93 river systems or groundwater basins Ongoing Variable; typical case includes several hundred parties Most surface water proceedings in northern part of state. Most groundwater proceedings in southern part of state Procedings may be brought in superior court or before state Water Resources Control Board
Colorado 4,665,177 Statewide 1879 Cumulatively, all water users who seek legal recognition of their rights All surface and groundwater users who seek legal recognition of their rights Ongoing adjudications in 7 districts. Court issues monthly supplements. Difficult issues remain about federal reserved rights for federal lands.
Idaho 1,429,096 Snake River adjudication 1987 110,000 persons/185,000 claims   District court judge, with masters, assigned long-term to preside over case; Extensive federal claims pending (65,000)
Kansas 2,744,687 No adjudications pending     All surface and groundwater in major basin covering 90% of state  
Montana 935,670 Statewide 1973 216,00 claims/80,000 persons All water in state with exception of small uses; 7 reservations and 2 national parks; Other extensive federal land holdings Specialized water court with chief water judge and masters; Statutorily created Reserved Water Rights Compact Commission negotiates with federal government and tribes; has completed 3 compacts.
Nebraska 1,758,787 Statewide 1895 Unknown Administrative adjudications of surface water completed between 1895 and 1904 Other adjudications could occur if Iowa, Omaha, Sac & Fox, Santee, or Winnnebago Tribes seek to quantify their water rights
Nevada 2,414,807 Ongoing statewide adjudications of selected rights 1903 Variable Adjudication of prestatutory water rights (1905 for surface water; 1913 & 1939 for groundwater) State adjudications are hybrid process involving state engineer and district court
5 active cases plus Owyhee River case (Duck Valley Reservation) recent     Adjudications of Truckee & Carson Rivers completed in federal court
New Mexico 1,928,384 Ongoing statewide adjudications Ongoing since 1907 24,000 parties Surface water and groundwater in declared basins Eight adjudications pending in federal court and five in state district court
13 rivers now being adjudicated 0   Involves major cities, towns and industries, 17 pueblos and reservations, traditional Hispanic communities, numerous federal agencies State engineer prepares reports for both courts
North Dakota 636,677 No adjudications pending        
Oklahoma 3,547,884 5 adjudications completed in 1950's 1950's Unknown Appropriative and some riparian water rights Hybrid proceedings with state Water Resources Board preparing report for court; Other adjudications could occur if any of numerous tribes in state seek to quantify their rights.
Oregon 3,641,056 Ongoing statewide adjudication 1909 286 claimants in Klamath adjudication (including Klamath Indian Tribe) Federal water rights and pre 1909 state water rights Hybrid system with significant administrative authority
3/4's of watersheds have been adjudicated 1909     State Water Resources Dept. receives claims, holds hearings and prepares proposed order of determination for circuit court
Possible adjudication involving Warm Springs Reservation 1909     Major controversies in Klamath Basin
South Dakota 775,933 No adjudications pending 1955, 1979 None Administrative adjudication system in place for all state-lAdministrative adjudication system in place for all state-law water rightsaw water rights; 1979 legislation authorized judicial adjudication of Indian and federal agency rights plus 50,000 Governor withdrew funding for adjudication filed in 1979 and case was dismissed; Sioux Tribe discussing need for asserting their water rights
Texas 22,859,968 Judicial adjudications of Rio Grande Valley 1950 3,000 parties in Rio Grande cases Adjudication of surface water only Administrative adjudication commenced in 1967 largely completed in 1990; Recently recognized Indian tribes may have claims in Rio Grande Valley still to be heard.
Administrative adjudications throughout remainder of state 1967 18,000 claims throughout remainder of state Few federal or tribal claims Conflict over groundwater (Edwards Aquifer) may result in adjudication or similiar litigation
Utah 2,469,585 Ongoing statewide adjudication 1919 Number of claimants in case ranges from 200 to 200,000 (when Salt Lake Valley adjudication begins)

Adjudications begun after 1919 statute addressed only surface water and may be redone

 

 Hybrid system with state engineer filing proposed determination with court followed by subsequent proceedings
13 river systems currently being adjudicated 1950's   Adjudications since the 1950's have addressed surface and groundwater Tribal and federal rights have not been addressed in litigation but are subject of ongoing negotiations
Washington 6,287,759 Ongoing adjudication of most river basins of state; Yakima River adjudication most active 1917 In Yakima adjudication, 2,100 claimants representing 40,000 persons Yakima adjudication limited to surface water but joins claims of Yakima Indian Reservation, federal reclamation project, 13 cities and 85 other major water providers Hybrid system with significant administrative authority; State Dept. of Ecology receives claims, holds hearing and prepares proposed report for court for additional proceedings; Judge has begun conducting hearings on major claims
Wyoming 509,294 Ongoing statewide, administrative adjudication of state-law water rights 1890 Unknown Administrative adjudication of all water rights in all parts of state Second of three phases almost complete; Rights of Wind River Reservation adjudicated after U.S. Supreme Court affirmed lower court
Big Horn River adjudication 1977 Unknown Big Horn River adjudication addresses surface and groundwater rights in northwestern part of state Allottee water rights now being adjudicated over next 5 years