Modrall Sperling Law Firm

U.S. Supreme Court Limits EPA and the Corps’ Authority to Regulate Wetlands as Waters of the United States (WOTUS)

On May 25, 2023, a majority opinion of the Supreme Court of the United States (SCOTUS) in Sackett v. EPA et al., authored by Justice Alito and joined by Justices Thomas, Roberts, Gorsuch and Barrett, held that the authority of the Environmental…

POSTED IN: Alerts, Articles

Water Rights as Collateral – Challenges and Considerations in Protecting and Assigning Value

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,…

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Handling the Application, Lease, Transfer, and Sale of Water Rights

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…

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New Mexico’s Domestic Well Statute is Ruled Constitutional

The New Mexico Supreme Court issued its opinion today in Bounds v. State of New Mexico ex rel. State Engineer, Nos. 32,713 & 32,717 (July 25, 2013), holding that the New Mexico Domestic Well Statute does not violate the New Mexico Constitution’s doctrine…


Court Rules Source of Water for the Rio Grande Project is Limited to Surface Waters; State of New Mexico, ex rel. Office of the State Engineer v. Elephant Butte Irrigation District, et al.

In a recent ruling in the Lower Rio Grande Adjudication, State of New Mexico, ex rel. Office of the State Engineer v. Elephant Butte Irrigation District et al.,…

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Federal Agencies Subject to the Data Quality Act

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