Case: United Water Conservation District v. United States, No. 25-523
Lower Court: Federal Circuit
Docketed: 2025-10-29
Status: Denied
Question Presented: Whether the government's appropriation of water that a person had a property right to use is analyzed as a physical taking, rather than a regulatory taking, under the Fifth Amendment.
On March 2, 2026, the Supreme Court denied certiorari in United Water Conservation District v. United States. The denial came after a single conference on February 27, 2026, suggesting the Court did not find the question sufficiently pressing to warrant review at this time. Seven amicus briefs had been filed, including submissions from the Cato Institute and the Washington Legal Foundation, signaling meaningful interest from property rights advocates.
The district argued that the federal government had appropriated water to which it held a recognized property right, and that such an appropriation should be treated as a physical taking under the Fifth Amendment rather than a regulatory taking. Petitioner was represented by Thomas Henderson Dupree Jr., with D. John Sauer opposing on behalf of the United States.
The denial leaves the question of how to analyze government water appropriation under the Fifth Amendment unresolved at the Supreme Court level. As water scarcity litigation continues to grow, the question presented here is likely to resurface in future petitions.