Supreme Court of the United States · Official docket →
United Water Conservation District v. United States
Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-1602 · judgment April 2, 2025
Before the decision, modestly above the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Federal Circuit decision below.
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.
Counsel of record
For petitioner
Thomas Henderson Dupree Jr.
Gibson, Dunn & Crutcher, LLP
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Amicus briefs
7 cert-stage
Order
Order list, March 2, 2026 · Certiorari denied
Proceedings
- Mar 02 2026Petition DENIED.
- Feb 11 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 11 2026Reply of petitioner United Water Conservation District filed. (Distributed)
- Jan 28 2026Brief of respondent United States in opposition filed.
- Dec 22 2025Motion to extend the time to file a response is granted and the time is further extended to and including January 28, 2026.
- Dec 19 2025Motion to extend the time to file a response from December 29, 2025 to January 28, 2026, submitted to The Clerk.
- Nov 28 2025Brief amicus curiae of Cato Institute filed.
- Nov 28 2025Brief amicus curiae of Atlantic Legal Foundation filed.
- Nov 26 2025Brief amici curiae of Association of California Water Agencies, et al. filed.
- Nov 26 2025Brief amicus curiae of Liberty Justice Center filed.
- Nov 26 2025Brief amici curiae of Western Growers Association, et al. filed.
- Nov 26 2025Brief amicus curiae of Washington Legal Foundation filed.
- Nov 26 2025Brief amicus curiae of Texas Farm Bureau filed.
- Nov 21 2025Motion to extend the time to file a response is granted and the time is extended to and including December 29, 2025.
- Nov 20 2025Motion to extend the time to file a response from November 28, 2025 to December 29, 2025, submitted to The Clerk.
- Oct 27 2025Petition for a writ of certiorari filed. (Response due November 28, 2025)