United Water Conservation District Lawsuit Defends Water Rights by United Water Conservation District Jun 25, 2025 Member Submitted News A recent ruling by the U.S. Court of Appeals for the Federal Circuit in United Water Conservation District v. United States (April 2, 2025) threatens the constitutionally protected property rights of appropriative water rights holders across California and nationwide. The court held that the federal government can drastically reduce a water rights holder’s ability to divert water under a valid state-issued license without triggering the Fifth Amendment’s requirement for just compensation, so long as a minimal amount of water can still technically be used. This means federal agencies could seize 90%, 95%, or even 99.5% of your water indefinitely without owing anything in return. This decision erodes long-standing legal protections for water rights holders and invites unchecked overreach by federal agencies such as the National Marine Fisheries Service and the U.S. Fish and Wildlife Service. It removes any incentive to consider economic impacts when imposing Endangered Species Act restrictions, allowing agencies to bypass compensation entirely. These implications extend far beyond one water district. This is a national issue that affects agricultural, municipal, and industrial water users across the country. United Water Conservation District (UWCD) plans to petition the court for rehearing, and if necessary, take the case to the U.S. Supreme Court. To strengthen this effort, the Association of California Water Agencies (ACWA) is submitting an amicus brief on behalf of concerned water agencies. Additional water agency support is essential, and UWCD is encouraging others to join the amicus brief. For more information, please contact UWCD’s Amicus liaison Tara Bravo Mulally at 510.300.5743 or tara@cvstrat.com by June 30th to be a part of this historic ruling.
