United Water Conservation District v. United States

On March 2, 2026, the Supreme Court declined to a review a case involving the Fifth Amendment’s application to water rights. The lower court held that the federal government’s re-direction of water constituted a “regulatory” rather than a physical taking. That distinction greatly reduces the likelihood that the deprived owner will receive just compensation. The decision was a setback for WLF, which filed an amicus brief urging the Court to take the case. WLF’s brief contended that there’s no “water rights exception” to the Takings Clause—but if there is, the Court should still take the case to overhaul its regulatory takings jurisprudence.