The DEQ has determined that certain stream segments in the Upper Klamath and Lost River subbasins do not meet state water quality standards. DEQ has identified water quality problems associated with temperature, nitrogen, phosphorus and biochemical oxygen demand, or “BOD.” Under the guides of the Federal Clean Water Act, the DEQ has developed a plan to improve water quality by establishing Total Maximum Daily Load (“TMDL”) limits and a Water Quality Management Plan (“WQMP”) for the subbasins.
DEQ released this plan for public review and is currently requesting public comments on the plan. Additionally, DEQ has scheduled a public meeting on March 16, 2010 at the Klamath Basin Extension Center in Klamath Falls and invites interested members of the public and local government agencies to attend. The agency will accept public comment on the DRAFT Upper Klamath and Lost River Subbasins Total Maximum Daily Load and Water Quality Management Plan until April 12, 2010. DEQ has also released a two page fact sheet for public review.
For more information you can contact Steve Kirk, DEQ’s Klamath Basin Coordinator at (541) 633-2023 or at kirk.steve@deq.state.or.us.
The Oregon Water Resources Department recently released a fact-sheet detailing the 2009 Instream Accomplishments. According to the Department, Oregon’s instream program leads the nation with leases or transfers of approximately 1,700 cubit feet per second allocated to instream use for “fish and wildlife, recreation, and pollution abatement.” Consequently, the Department also reports that at least 50% of all calls to enforce water right priorities in Oregon have been made to protect these instream rights.
During the 2010 Special Session of the Oregon Legislature, the House Committee on Environment and Water is considering House Bill 3661. This Bill proposes to change the current ground water exemption statute: ORS 537.545. Under the Bill, exempt well water use for single domestic purposes would be limited to an amount not more than 5,000 gallons per day. Currently, the law allows exempt use of 15,000 gallons per day for “single or group domestic purposes.”
The current law allows for an additional separate exemption, “watering any lawn or noncommercial garden not exceeding one-half acre . . .” Under the proposed legislation, the associated gallon per day limit (i.e. 5,000 gallons per day for single domestic purposes, 15,000 gallons per day for group domestic purposes or 5,000 gallons per day for industrial or commercial purposes) would include any water used for qualifying lawn or noncommercial gardens in addition to other consumption. Exempt well users would no longer have the ability to stack the ground water exemptions to achieve a larger withdrawal.
Finally, the proposed legislation would allow the Water Resources Commission to require an otherwise exempt well water user to obtain a permit when the source of groundwater has been (1) classified pursuant to ORS 536.340 as to the highest and best use of the water resource, (2) withdrawn from appropriation under ORS 536.410, or (3) designated as a critical ground water area under ORS 537.730.
The amendments contained in HB 3661 would apply to exempt ground water uses under ORS 537.545 initiated on or after the effective date of the law.
The Nevada Supreme Court last week put lingering municipal water use applications at risk. See the article in the Las Vegas Review-Journal at: http://www.lvrj.com/news/state-high-court-deals-setback-to-pipeline-proposal-for-southern-nevada-83014557.html.
In light of the decision, we recommend municipalities with municipal water use applications filed before 2003 make precautionary refilings immediately (as did the Southern Nevada Water Authority). It is important that the cautionary application contain appropriate remarks so that the cautionary application does not act to intentionally abandon the earlier filing in the event that this decision is reconsidered.
The U.S. Environmental Protection Agency announced new regulation, effective December 18, 2009, of the allowable level of endothall residues in or on commodities. By establishing tolerances for the level of endothall, the EPA has cleared the way for the use of such products in irrigation and livestock watering.
The new tolerances were requested by United Phosphorus, Inc. (“UPI”) who has announced the release two new products, Cascade and Teton, for use in irrigation canal treatments. These products are designed to help control common pondweed, hydrilla and algae species found in irrigation systems. UPI called this “the most significant improvement in products approved for control of submerged plants in irrigation canals in the past 40 years.”
The Oregon Department of Environmental Quality recently released a memo detailing the fiscal outlook for Oregon’s Clean Water State Revolving Fund (CWSRF) Loan Program. Since the CWSRF Loan Program was established in 1990, the DEQ has made low interest loans totaling more than $750 million to eligible projects. Congress increased CWSRF loan program funding for fiscal year 2010 and Oregon’s share should come to about $23 million. Additionally, the jobs creation bill currently in Congress would, if signed in its current form, provide an estimated $11 million in additional funding for Oregon’s CWSRF loan program.
The loan program targets various water quality improvement projects such as wastewater and sewer upgrades, irrigation system improvements, riparian habitat restoration and water quality monitoring. Entities eligible to receive the low interest CWSRF loans include, but are not limited to, cities, counties, irrigation districts, and soil and water conservation districts. DEQ accepts and processes applications year-round and those interested in more information should contact the DEQ CWSRF regional Project Officer (listed at the end of the DEQ memo).
The 2009 Oregon Legislative Highlights, a Continuing Legal Education publication of the Oregon State Bar, is now available for purchase. The publication provides summaries of hundreds of bills impacting nearly every area of law, such as commercial and consumer law, land use law, and environmental and natural resources law. While much of the 2009 legislation is already in effect, some laws are slated to take effect on January 1, 2010 and now is a great time to make sure that you are aware of any new laws that may impact you or your business.
Please contact our office if you have any specific concerns about how any new legislation may impact you. The Public Affairs Department at the Oregon State Bar can provide additional information on this publication at pubaff@osbar.org or (503) 431-6376 and you may also order this, or other publications, online.
Connecting urban and rural Oregon is a common theme of Oregon Agriculture. The Oregon Cattlemen’s Association recently released the DVD “Land of Contrasts, Ranching’s Commitment to Oregon,” in an effort to communicate with the general public about the values and stewardship practices Oregon ranchers have been using, and continue to use, in managing their lands. Several segments are available on YouTube and do a great job of telling the story of Oregon ranchers. The YouTube segments highlight the efforts Oregon ranchers take to ensure that their families can continue to manage and improve the land for years, and generations, to come and while providing food to Oregon, the Country and beyond.
Copies of the DVD are available by calling Oregon Cattlemen’s Association at (503) 361-8941. The YouTube clips can be viewed by using the links below:
Clip 1
Clip 2
Clip 3
Clip 4
Clip 5
The Agri-Business Council of Oregon’s annual 2009 Denim & Diamonds Dinner and Auction was a smashing success! Schroeder Law Offices affirmed its commitment to the Agri-Business Council of Oregon and the Keeping Ag Viable program, by being a sponsor of the event as in the past. This year, I was honored to serve as the chair of the Denim & Diamonds Planning Committee. As always, this event brought together people from all parts of Oregon and all sectors of Oregon agriculture for an evening filled with outstanding Oregon wine and produce prepared by local chefs.
All the money raised at the 2009 Denim and Diamonds gala will be dedicated to the new campaign for Keeping Agriculture Viable, which seeks to promote the values of Oregon agriculture directly to the customer. If you would like more information about Denim and Diamonds or Keeping Ag Viable, follow the links provided above.
On December 12th Laura Schroeder, along with Brent Keith, presented a 5-hour Advanced Water Law Academy in Bend, Oregon. Held just prior to the opening of the Oregon Cattlemen’s Association Annual Convention and Trade Show, the interaction with attendees proved to be both educational and entertaining. During the Academy presentation, materials and topics covered were tailored to the interests of the attendees. The Bend group showed a special interest in federal control of water and federal legislation impacting water resources.
Nearly every attendee left with a Water Rights Authorization Packet and a Gift Certificate good for one hour of free consultation. Under the Water Rights Authorization Packet, for $375 Schroeder Law will submit a specific public records request and pull all water rights files in the area designated to provide a full electronic copy of OWRD official files. Email Ms. Daryl Cole at d.cole@water-law.com to obtain a Water Rights Authorization Packet.
The Agricultural Law Section of the Oregon State Bar recently released its 2009 Legislative Report. The report covers a wide range of legislative developments impacting agricultural interests such as an increase in Oregon state gas tax and title fees, a field burning ban for most of the Willamette Valley, and a bill allowing for utility citing on exclusive farm use land. The report also highlights several bills related to well drilling, the creation of an Integrated Water Resources Strategy in Oregon and changes to the fees charged by the Oregon Water Resources Department.
For more information about any of these items or other items included in the report, contact our office or follow this link to the 2009 Agricultural Law Section Legislative Report.
As attorneys for the Oregon Ground Water Association (OGWA), Schroeder Law Offices was pleased to do the legal research that successfully overturned the Oregon Water Resources Department’s determination of fees. As a result of advocacy for OGWA, refunds of over $100,000 were paid back to Oregon citizens after the Oregon Water Resources Department was found to have erroneously “jumped the gun” and required payment of fees before the Governor had signed the fee increase into law. For details, see
http://www.capitalpress.info/content/ml-water-fees-101609
The 2009 Legislative Session passed House Bill 3369. Among other things, this Bill tasked Oregon Water Resources Department (OWRD) with developing Oregon’s Integrated Water Resources Strategy (IWRS). The IWRS goals are to build resources and tools to assist Oregon in looking at its future water needs in terms of water quantity, water quality, ecological needs, economic needs, social needs, and implications of climate change.
Issue papers were drafted addressing these areas and are found by following the link below. These issue papers are open for public comment. All comments received by the OWRD Project Team before October 31st will be available at the next Water Resources Commission meeting currently scheduled for November 19th and 20th in Salem.
According to the Project Team’s September 23, 2009 Briefing, the intent of the IWRS is to “develop a framework, consisting of a set of tools, data, and resources with statewide relevance that communities can use to develop their water resource needs.” We encourage everyone to become involved in this process as submit comments.
Integrated Water Resources Website: http://www.wrd.state.or.us/OWRD/LAW/Integrated_Water_Supply_Strategy.shtml
This comes from Terry Witt at Oregonians for Food and Shelter:
This is a new National Corn Growers Association video on the subject of increased sustainability in agriculture. It debuted October 3 on the program This Week in Agribusiness. The short video features family farmers telling the story of how better management and modern technology spells good news for both consumers and the environment. The video does a nice job talking about how responsible farm management is helping everything from carbon emission, to soil erosion, to food prices. Click here to watch the video.
Do you keep your deeds in the safe? A secure file? If so, you surely know what water uses you are entitled to and have these records kept safe and secure reviewing them annually?
If not, you’re lucky that the state has records on the water uses related to your property. However, it’s unlikely these records have not been reviewed in the recent past. It is also probable that there are lurking “time bombs” in your water use records. Such “time bombs” include: (1) Permits or Transfer orders that need extensions; (2) Permit Conditions that have not been met; (3) Final Proofs past due; (4) Certificates yet to be issued.
For a fixed fee of $375 and a copy of your property deeds, Schroeder Law Offices, PC, will make a public records request to the proper agency, make a complete copy of your water rights providing you with either a paper or electronic copy or both, as well as one hour of free consultation to provide you an overview on the phone and a summary in writing of issues spotted in your water right files needing attention.
Email Ms Daryl Cole (d.cole@water-law.com) now to begin the process—and start the New Year out right knowing that your water rights are secure!
Federal Judge Robert C. Jones called Schroeder Law Offices attorney Laura Schroeder and others to court today to end 29 years of litigation related to over 200 transfer applications filed by various farmers in the Newlands Project, Nevada. These transfers were tied up for years by the Pyramid Lake Indian Tribe appeals to Nevada State Engineer rulings on the issues of lack of perfection, forfeiture and abandonment.
Decisions on these transfers were complicated by two factors:
- The United States issued individual contracts for the storage water in the Newlands Project rather than through an irrigation district (now the Truckee-Carson Irrigation District); and
- The Orr Ditch Decree and Alpine Decree issued water rights to the Newlands Project farmers in a lump acres allocation rather than describing the allowed decreed water rights for irrigation to particularly described acres.
Today’s final order from the bench at last closed the matter. Ultimately, a few farmers gained approved water right transfers, many farmers lost water righted acres, and some farmers simply withdrew as the transfer process became too costly over the many years. A confirming written order will follow shortly.
Today- September 30, 2009, the Federal Circuit Court of Appeals issued a major decision in favor of Stockton East Water District and the Central San Joaquin Water Conservation District determining that the US Bureau of Reclamation and the Districts have binding contracts for specified quantities of water to which Reclamation is obligated to provide.
The underlying trial court, the Court of Claims found, Reclamation failed to provide those specified quantities from 1990 to 2004. Accordingly the Court remanded the case to determine the amount of damages owed by the US Bureau of Reclamation to the Stockton and Central San Joaquin districts.
Completing a teaching tour through Central Nevada, it will come as no surprise that the number one issue in the minds of participants are the duties of the Southern Nevada Water Authority to counties from which it intends to export water. Emphasis was placed on the need for affected counties to be involved in the transfer and exporting process as provided by Nevada water law.
During the next two years, OWRD and other Oregon state government agencies will be closed on the following Fridays:
At Schroeder Law Offices, P.C., we routinely work with our clients to develop efficient water use and management systems. Upon reviewing the competition offered below, we thought of you! Thus, if you are an innovative and efficient water user, or perhaps want to share your ideas with others then you might check out this competition!
Imagine H2O is running its inaugural competition this fall on “Water Efficiency.” Kick-off is September 1st. Competitors will provide solutions that reduce the demand or use of water in either agriculture, commercial and industrial, or residential applications. This could be done via demand response, recycling, reuse, or through any other smart management ideas. Total prizes given in 2009-10 will be $50,000. Winners will receive cash, in-depth business incubation including introductions to financiers, potential beta customers and go-to-market partners, and reduced-rate or free office space.
Imagine H2O is a not-for-profit company based in San Francisco, turning water problems into entrepreneurial opportunities. For more information on the Water Efficiency Competition, you can check out their website at www.imagineh2o.org
Good Luck in the Competition! Be sure to let us know how it goes.
