Water Law Blog

Relationships of organizations are important in this week as Laura seeks to obtain approval of changes to assist farmers in Armenia. The organizational chart provides that once Laura’s work with Armenian’s attorneys in completed and implementation legislation is ready for government adoption, it must be approved first by Armenia’s Governing Council of the Millennium Challenge Account-Armenia (GC).

Friday’s highlights at the Millennium Challenge Account (MCA) office included confirmation that the contractor developing the agricultural policy and legislation, AVAG Solutions, would indeed complete a further draft of its interim strategy in time for consideration by the GC at its meeting scheduled for next Friday, September 8, 2010.

The GC is chaired by the Republic of Armenia’s Prime Minister Tigran Sargsyan. It’s Chief Executive Officer is Laura’s in-country MCA contact, Ara Hovhannisyan who is head of the MCA. The GC’s scheduled meeting on September 10th will consider AVAG’s proposed agricultural water strategy document and the implementing legislation that Laura has been working on during this summer’s trips to Armenia for the Millennium Challenge Corporation.

With only five years left until the 2015 deadline to achieve the Millennium Development Goals (MDG), UN Secretary-General Ban Ki-moon has called on world leaders to attend a summit in New York on 20-22 September 2010 to accelerate progress towards the MDGs Visit the Summit website!

Laura’s work with the Millennium Challenge Corporation (MCC) hopes to assist in reaching the MDG 1: Eradicate Extreme Poverty & Hunger by increasing agricultural production in Armenia, a country which imports almost 80% of the food its people consume. Because of its continental climate, irrigation is essential to agriculture. The agricultural strategy and legislation that Laura is working on is targeting government reforms that will directly improve farmer access to sufficient irrigation supplies at a reasonable costs while seeking to be both financially and environmentally sustainable.

By a second trip in less than two months, Laura hopes to accelerate the government approval of the agricultural strategy and legislation to improve the irrigation sector in Armenia.

Alex Russin, MCC’s resident country director in Armenia, met with Laura Schroeder on Wednesday providing a status of he Armenian government’s adoption of agricultural policy and legislation.

Later, Laura met with Arusyak Alaverdyan, the World Bank Rural/Irrigation Environmentally and Socially Sustainable Development Unit for the Europe and Central Asia Region, to discuss the possible development of irrigation federations in Armenia. Ms Alaverdyan and the World Bank had previously been instrumental in developing Water User Associations in Armenia.

Approximately 27 hours after leaving the River House in Portland , Laura Schroeder arrived in Yerevan, Armenia. Armenia is in the Causus Mountain range with a continental climate much like that of eastern Oregon, southern Idaho and northern Nevada. Similarly, the climate dictates that water is THE issue when it comes to meeting the Millennium Challenge goal related to food security in this country.

A Millennium Challenge-Armenia sponsored study tour will begin in San Francisco, California on August 12, 2010 with a delegation of 19 individuals who have various roles in the Armenian irrigation sector.  California was the likely choice for this tour since the largest population of American Armenian Diaspora is located in the Los Angeles, California area where the tour will end.

The irrigable land in Armenia is 420,000 hectares (1,037,842 acres); however only a third of the irrigable area is cultivated (300-305k hectares or 741,300 acres) as a result of small plots that were designed following Armenia’s independence from Russia which utilized large collective farms.

One of the first sites that the tour will view on August 13, 2010 is the San Luis Delta-Mendota Water Authority which totals 2,100,000 acres or 849,839.8 hectares. This Authority manages water over twice the total irrigable acres in Armenia. Two member districts of SLDMWA will be visited by the Armenia irrigation sector tour delegation on Friday afternoon including the Firebaugh Canal Water District, which has made news for its water transfers to larger districts, as well as the San Luis Canal Company.

On August 13 the Armenian irrigation tour delegation will visit the Merced Irrigation District. MID’s irrigable acres includes approximately 164,314 acres or 66,495 hectares. Thus, MID provides irrigation service to approximately an area equal to 6% of the total irrigable acreage in Armenia. MID engages in a variety of activities in addition to irrigation such as producing hydro power. Unfortunately, profit making activities such as the production of hydro power are not legally possible for Armenian irrigation districts, called Water User Associations (“WUA”).   Armenia is currently divided into 44 WUAs.

The next day, the Armenian irrigation tour group will tour Friant Dam. The Friant Dam is owned by power concerns and the water stored provides irrigation to over a million acres in San Joaquin Valley. Thus, Friant provides water service to approximately 404685 Hectares which is equivalent to 96.4% of the entire irrigable acreage of Armenia. Similarly the Pine Flat Dam is owned by power concerns with a secondary use for irrigation by such entities as the Fresno Irrigation District.  The Fresno Irrigation District comprises 245,000 acres which is equivalent to 26.4% of the entire irrigable area of Armenia.

Following visits to various filtration system and water infrastructure supply companies on Monday, August 16, 2010, the Armenian irrigation delegation will tour the Alta Irrigation District that services approximately 111,000 cropped acres or approximately 44,920 hectares. This acreage is equivalent to approximately 10.7% of the total irrigated acres in Armenia. Alta’s water supply is provided from the Pine Flat Dam via the Kings River.

On Tuesday, August 17, the Armenian irrigation tour will visit the Kaweah Delta Water Conservation District. (KDWCD) KDWCD and the Tulare Irrigation District (TID) formed a joint-power authority in 1982 – the Kaweah River Power Authority (KRPA). The KRPA filed for a license to construct a 17MW hydroelectric plant at Terminus Dam and Lake Kaweah. KRPA proceeded with design and construction of the plant, and the plant went on-line in 1992 delivering power to Southern California Edison Company.  TID delivers water to approximately 70,000 acres or 31,160 hectares equivalent to 6.7% of the total irrigable area of Armenia.

Completing Tuesday’s tour, the Armenian irrigation tour will visit the Friant Waterusers Authority otherwise known as the Friant Division of the Central Valley Project (CVP).  The Friant Division provides water to more that a million irrigated acres (404,685 hectares) equivalent to 96.35% of the total irrigable acres of Armenia.

The tour will end on August 19th after visits to gates, drip equipment, the California Training Facilities at California State Poytechnic University at San Luis Obispo and a water management demonstration site.

Laura Schroeder left the USA on Thursday, July 22, 2010 arriving in Yerevan, Armenia over 24 hours later. Her mission is to review the priorities for the development of agricultural policy legislation to meet the priority goal of the Millennium Challenge: to end poverty and hunger.

The United States worked with the Republic of Armenia to decide that the best ways to achieve this goal was to improve agricultural production and markets. A necessary component of increasing agricultural production in Armenia is to improve irrigation systems and management. In 2009, Laura assisted in the drafting of the agricultural policy which was adopted by the RA. Her mission for 2010 is to assist in the drafting of legislation related to the 5 identified priorities of the agricultural policy.

Laura began her work on Monday, July 26, 2010 to participate in the tour of MCC accomplishments with the Prime Minister of Armenia, Tigran Sargsyan, and the US Ambassador to Armenia, Marie L. Yovanovitch.

Prime Tigran Sargsyan

Ambassador Marie L. Yovanovitch

The tour included (1) A visit to the community of Merdzavan to see the lower Hrazdan main canal that was rehabilitated by funds from MCA-Armenia;
(2) A visit to the community of Artimet to see the rehabilitation of third level (near farm) ditches also rehabilitated by funds from MCA-Armenia;
(3) A visit to the community of Gridoedov to see the irrigation/agricultural development site funded by MCA-Armenia. This farm is owned by Sevan Jamalyan; and
(4) Finally a visit to a water user association,  Vagharshapat, whose director is Surik Sedrakyan.

Lower Hrazdan Main Canal at Merdzavan

Artimet: Rehabilitated Ditch

Armenian Farmer Sevan Jamalyan

Vagharshapat Water Users' Association

Click here for more news of MCA

Laura is meeting with government officials from the Public Services Regulatory Commission to discuss the legislation.

In addition, she has already met with contractors assisting the implementation including AVAG Solutions, Ltd, and VISTAA.

The first goal of the Millennium Challenge adopted by United Nations declaration in 2000 is to eradicate extreme poverty and hunger: http://www.un.org/millenniumgoals/bkgd.shtml

The three targets for this goal are: (1) halve, between 1990 and 2015, the proportion of people whose income is less than $1 a day; (2) achieve full and productive employment and decent work for all, including women and young people; and (3) halve, between 1990 and 2015, the proportion of people who suffer from hunger.

In Armenia this goal has translated into improving agricultural food production which in Armenia requires improved irrigation facilities and methods.

Laura Schroeder’s July-August 2010 mission is to work with the Millennium Challenge group and its contractor to draft legislation that will adopt and promote the goals of agricultural water policy to achieve improved use of land and water resources in Armenia for food production.

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

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:

1. 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
2. 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.

Tough times dictate that we cut our discretionary spending.  Property owners may defer some maintenance and other due diligence.  But spending money on education and protecting your property interests must be considered a continued important investment that is not discretionary.

Hunkering down and waiting for it to pass us by will not work.  Business as usual will not work because the usual isn’t any more.  Everything has changed. It is unlikely that what we once thought “normal” will ever be again.

For only $75, you will be both educated and entertained at a full day advanced water rights educational seminar.  Register at www.water-law.com.  If you missed our bootcamp, no matter:  We will answer any questions you bring to the advanced seminar to raise you to the advanced level!

Another opportunity for only $375 is to have us make a specific public records request and pull all your water rights files to provide you with a full electronic copy. Likely you keep your deed to the property is a safe place, your water right files should have equal status.  Many property owners have more value in their water rights than the dirt and don’t even know it.  At minimum, we recommend obtaining your water rights files.  Email Ms. Daryl Cole:  d.cole@water-law.com to obtain a water rights authorization form to make this due diligence investment.

Most Western states allow an exemption from water right permitting for domestic wells.  In New Mexico this exemption was recently challenged as being inconsistent with the prior appropriation doctrine.  Other western states seek to legislatively limit the scope of such exemptions.

Oregon which has perhaps the broadest statutory groundwater exemption is seeking in this legislative session to reduce the allowable group domestic exemption.  Given the pressure to establish critical and limited groundwater areas in Oregon, such a reduction should be given some environmental and practical consideration.

Interestingly, the opponents to the reduction come from the agricultural sector, those who are most affected by group domestic withdrawals which impact aquifer recharge and thus critical and limited groundwater area water rights.  One must presume that the natural law rights to domestic water weigh heavier in the minds of the opponents than the allocation issue.

The Oregon Water Coalition has asked Laura  Schroeder to present Chet Prior with its annual “Friend of Farmer” award on January 27, 2009, in Hermiston, Oregon.

The Oregon Water Coalition actively supports water development projects including the recently funded research to develop aquifer recharge and aquifer storage in the critical ground water areas located in Morrow and Umatilla Counties.

Attorneys Cortney Duke and Therese Ure presented a half day seminar at the January 27 Hermiston meeting on “hot topics” in water law including: exempt well use, sharing and stacking groundwater exemptions;  critical groundwater regulation and compliance; forfeiture of water rights in critical groundwater areas; reclamation contracts and jurisdiction; Overlap of Division 33/Peak Flows, Division 9 and Scenic waterways; and Oregon water courts.  Many of these topics may be considered in the 2009 session of the Oregon Legislature and in the Oregon administrative rule making process.

Accepting associations and referrals in Oregon, Washington, Idaho and Nevada, Schroeder Law Offices recently opened its new office in Reno, Nevada.  With a population of 250,000, Reno is at the center of water controversies on the Truckee, Carson, and Walker rivers.

Each of these desert rivers interestingly terminate at a lake with an associated Indian reservations adding to the possible legal issues.  Municipal and agricultural interests use and divert waters from these rivers adding to the on-going controversies over high valued water.  With the official opening of its staffed office in October, Schroeder Law Offices plans to expand its Nevada natural resources clientele.

Colm Moore and Laura Schroeder will present a 4-hour seminar on Nevada water rights in Winnemucca on December 9 and in Elko on December 10. For more information click here.

PAYETTE NATIONAL FOREST RELEASES A DRAFT EIS AS RELATED TO BIGHORN SHEEP AND DOMESTIC SHEEP THAT OMITS COMMITMENTS MADE IN 1997 AND THAT OMITS ANALYSIS OF MANY CRITICAL ELEMENTS

By Alan Schroeder

To view the full text of this press release please click here.

Weiser, Idaho. October 7, 2008. Is removing domestic sheep from the Payette National Forest (PNF) the answer to protecting bighorn sheep? The Forest Service says yes, but Ron Shirts of Shirts Brothers Sheep and Frank Shirts, Jr. — who are third generation domestic sheep operators that are permitted to graze on several domestic sheep allotments in the Payette National Forest — disagree.

The Forest Service released a Draft Supplemental Environmental Impact Statement (DEIS) on September 18, 2008. The Forest Service proposes in its DEIS to eliminate domestic sheep grazing on all but 4 domestic sheep allotments within the PNF in an effort to protect the bighorns due to a claimed disease transmission problem between the bighorns and the domestic sheep.

The Forest Service’s proposal ignores the fact that the bighorns in Hells Canyon in Idaho were reintroduced only through a commitment that the domestic sheep operators would be held harmless from any disease transmission problem associated with the bighorn reintroduction.

Beyond the 1997 commitment, the Forest Service’s proposal is based upon a premise that certain pathogens (bugs) exist which bighorns and domestic sheep can share, and that if these bugs are transmitted between the two animals, the bugs may cause the death of the bighorns. However, there are several elements that are necessary to confirm this premise, including, but not limited to, the following: (1) The scientific research needs to document that disease transmission occurs between bighorns and domestic sheep; (2) he facts need to disclose that the bighorns themselves are free of the offending bugs; (3) The facts need to disclose that the domestic sheep upon the allotments are carriers of the offending bugs. The Forest Service ignores any discussion in its DEIS of these elements in an apparent effort to advocate for the objective to separate the bighorns and domestic sheep and to eliminate domestic sheep allotments on the PNF.

Comments should be submitted before January 2, 2009, asking the Forest Service to redo its DEIS and to maintain the existing domestic sheep allotments on the PNF. In so asking, you will not be advocating for or against bighorns or for or against domestic sheep. Instead, you will be advocating for an objective analysis of bighorn and domestic sheep interaction and for ratification of the commitments made in 1997.

With food prices at all time highs, agricultural market prices rising, and water rights at a premium, now is the time to plan for the future.  We suggest that water users create and update water management plans with an an eye to water rights security, stability, and development.  A water management plan will analyze the current state of the water rights designated and appurtenant to property or other boundary and will provide a tool to consider options for their use, development or marketing.  One can begin this work by emailing Ms. Daryl Cole for a water rights authorization packet.