Overview For decades federal agencies have repeatedly attempted to expand their regulatory authority beyond the boundaries established by Congress. Few areas demonstrate this tendency more clearly than the Environmental Protection Agency’s (EPA) interpretation of the phrase “waters of the United States” (WOTUS) under the Clean Water Act (CWA). For farmers, […]Read more »
Water Law
60 posts
Overview Kansas water law rests on a fundamental principle: water rights are property rights, and the exercise of those rights is governed by the state’s system of prior appropriation. But what happens when efforts to address declining groundwater supplies impose restrictions that treat water rights differently based on something other […]Read more »
Overview Water disputes in the arid West have always involved more than competing farmers and ranchers. Increasingly, they involve the federal government, federal land-management agencies, and the tension between state water law and federal interests. A recent decision from the U.S. Court of Appeals for the Ninth Circuit, Baker Ranches, […]Read more »
Overview Agricultural law rarely produces a single headline that captures everything farmers and ranchers need to know. Instead, the most important developments often appear in seemingly unrelated areas such as farm-program eligibility, water rights, agricultural data, secured lending, and neighboring-land disputes. Several recent developments illustrate an important common theme: farmers […]Read more »
Overview The Colorado River is approaching one of the most consequential moments in the modern history of Western water law. The existing legal architecture governing the river is colliding with a physical reality that can no longer be ignored. Simply stated, the river is not producing as much water as […]Read more »
Overview For generations, farmers and ranchers have viewed land and water as the lifeblood of their operations. Today, a water right is no longer just a tool for production – it has become a heavily targeted property asset. As the American West and High Plains navigate structural aridity, our historic […]Read more »
What Farmers and Ranchers Need to Know Overview For many farmers and ranchers in the Midwest and West, the “fence line” isn’t just a physical boundary between pastures; it can also be a jurisdictional boundary between state and federal or tribal law. Navigating the complexities of Federal Indian Law is […]Read more »
New Protections for Property Rights, Water, and Rural Assets Overview The 2026 Kansas legislative session has been particularly active concerning agriculture and rural landowners, with lawmakers focusing heavily on property rights and water management. Several key bills have been signed into law that directly impact how Kansans farm, ranch, and […]Read more »
H.B. 2433 and the Fight for State Supremacy Overview In Kansas, a high-stakes legislative and legal “tug-of-war” is currently unfolding, and the prize is the state’s most precious resource: water. At the center of the storm is House Bill 2433, a piece of legislation that seeks to determine who really […]Read more »
Overview Over the past three years, I have written on a couple of occasions about the accommodation doctrine – a mineral owner’s right to use the surface estate to drill for and produce minerals. The doctrine requires a balancing of the interests of the surface and mineral owner. But, at […]Read more »