Huajin, an aluminum company, constructed a barrage to divert water from a river for a construction project.  This caused water levels to drop downstream, where Taipinhe, a fish farm, was unable to retrieve enough water for its breeding ponds.  Taipinhe attempted multiple times to intervene with Huajin and local authorities to restore water flow, without effect.  As a result, large amounts of...

In this case, the plaintiff is challenging three sanction decisions taken against him by the Superintendence for the Environment. The decisions of the Superintendence were taken to condemn several infractions to environmental law which happened in the management of the water treatment systems in the localities of Chol Chol, Gorbea and Freire and Pitrufquen.

The plaintiff sough a hierarchical...

In this case, the plaintiffs were representative from the indigenous community of reserve of Anacarco in the region of Tolima. They required that the court order an emergency plan to remedy with the food security, water and health issues met by the indigenous community in the reserve of Anacarco. Thus they petitioned the court to order the government and the regional and municipal authorities to...

In this case, the plaintiff, the owner of a farm neighboring the gorges of del Soroche, complained that the activities of the defendants in the production of hydro energy and in the extraction of freshwater have a negative impact on the water ecosystem of the gorges.

The plaintiff sued the two public companies in charge of the production of the hydro energy and of the exploitation of the...

1In Harrison v Baring [2012] NSWLEC 117 (Harrison (No 1)) I found Mr Baring, the Defendant, guilty of ten offences under s 341(1)(a) and s 343(1)(a1) of the Water Management Act 2000 (WM Act). The offences arose from taking water on four separate occasions from the Lachlan Regulated River Water Source (Lachlan River) in 2008, relating to the irrigation of a wheat and a canola crop. Four of the...

The Defendant Mr Baring has been charged with ten offences under the Water Management Act 2000 (the WM Act) in relation to the watering of a wheat and a canola crop each on two separate occasions in 2008 on a property called Baring Park east of Condobolin on the Lachlan River. The Prosecutor is employed in the NSW Office of Water and commences this action pursuant to the common informer provisions...

This judgment dealt with a claim by a consumer whose water supply was discontinued by the municipality after a dispute arose as to the amount owing. The Court ordered reconnection of the water supply, holding that the right to water supply is based on the agreement that a consumer enters into with the municipal provider as well as on the provisions of the Constitution that acknowledges water...

The court dismissed with costs Gauteng developer Eye of Africa’s appeal against the South Gauteng High Court’s ruling that its application to change aspects of an environmental authorisation to allow it to use borehole water to irrigate a golf course, instead of grey water as approved, was not procedurally correct and was "of no force or effect" Eye of Africa made the application after realising...

Citizens for Responsible Equitable Environmental Development (CREED) challenged the City of San Diego's (the "City") certification of an addendum for a residential development project. The addendum relied upon a 1994 final environmental impact report (FEIR) for a mixed-use development precise plan. CREED alleged that the City did not follow the statutory procedure in adopting a WSA required by the...

The present case is concerning the questioning of the increase in the tax levied on water on ground that it cannot be imposed retrospectively. The court while dismissing the claim of the tax being imposed retrospectively held that the appellant was bound to pay the rates demanded by the Corporation (the same rate is being charged by the Government) and the Corporation cannot be asked to suffer a...