Nevada’s State Engineer had granted the Southern Nevada Water Authority (“SNWA”), formerly known as Las Vegas Valley Water District, the largest water appropriation in Nevada’s history for use of water from Spring Valley, Cave Valley, Dry Lake Valley and Delamar Valley, even after several parties protested the applications. The protestants, Great Basin Water Network, White Pine County of Nevada, Millard and Juab Counties in Utah, the Ely Shoshone and Duckwater Shoshone Tribes, the Confederate Tribe of the Goshute Reservation and the Churchill Latter-Day Saints on behalf of the Cleveland Ranch succeeded on appeal arguing that measures were not adequately established to protect ranchers and other water users. Senior district Judge Robert Estes agreed.

This SNWA project would include constructing a 285-mile pipeline to move billions of gallons of water from Cave, Delamar, Dry Lake, and Spring Valleys. Many agricultural communities rely on the water in these valleys, and while they understand Las Vegas’ plight, they believe exploration of alternatives should be conducted to assess sustainable ways for Las Vegas to live within its means.

In his decision, Judge Estes ruled that water from Cave, Dry Lake, and Delamar Valleys has already been appropriated. Although Spring Valley possesses much more water than Cave, Dry Lake and Delamar, Judge Estes found that not enough information regarding impacts, conflicts and environmental effects was provided to ensure the withdrawals would not injure existing water right holders or the environment. He was also concerned that no information was provided to show when and if Spring Valley’s groundwater would reach it’s new equilibrium.

The State Engineer and SNWA had agreed upon a hydrologic and biologic Monitoring, Management and Mitigation plan (MMM) as a condition of the appropriation of water. Judge Estes ruled that the MMM Plan was flawed as it did not provide objective standards as to how or when monitoring, managing or mitigating would take place. Further, the MMM Plan did not specifically included Snake Valley, Utah. Judge Estes remanded the decision back to the State Engineer to recalculate water availability, include Juab and Millard counties in the mitigation plans, and to define standards, thresholds and triggers of mitigation.

Senator Doug Whitsett”s recent e-newsletter provides some insight into EPA’s proposed rule concerning Clean Water Act Jurisdiction.  Read more here.

The Yakima River Basin Integrated Plan was the predominant topic at the Washington State Water Resources Association annual conference, with legislators, agency representatives, and stakeholders alike discussing the status of an ecological restoration project that supporters maintain is unprecedented in the United States.

Conference speakers, including state Rep. Judy Warnick and state Sen. Jim Honeyford as well as members of the plan’s working group, particularly focused on three implementation-phase issues: a state-budget allocation of $137 million for funding from 2013-15; the purchase of 50,000 acres of private forestland in the Teanaway drainage by the Dept. of Natural Resources; and the development of environmental impact statements for proposed projects. The U.S. Dept. of Reclamation and the Washington State Dept. of Ecology are soliciting comments on the EIS scope of three projects proposed in Kittitas County–Cle Elum Pool Raise, Kachess Drought Relief Pumping, and Keechelus to Kachess Conveyance–through Dec. 16. Information on the submission process can be found at http://www.ecy.wa.gov/programs/wr/cwp/ybip.html.

A collaborative project which gained traction in 2011 after four decades of scatter shot development, the Integrated Plan identifies seven elements in its approach to water management: fish passage, fish habitat enhancement, modification of existing structures and operations, surface storage, market-based reallocation, groundwater storage, and enhanced water conservation. Having integrated input from federal, state, tribal and municipal entities as well as environmental and agricultural interests, the plan is anticipated to cost as much as $6 billion over 30 years. The plan’s website is http://yakimabasinplan.org/.

The 68^th edition of the WSWRA annual conference and membership meeting was held Dec. 4-6 at Spokane.

Make sure to stay tuned to Schroeder Law Offices’ Water Law Blog for more water news that could affect you!

Nevada senators introduced a new bill that seeks to provide federal funding for conservation easements that would prohibit development on thousands of acres of land in the Carson Valley. If passed, the bill will transfer some federal land to the county, return some cultural sites to the Washoe Tribe, and will encourage local ranchers and property owners to enter into conservation easements. The conservation easements will provide property owners with monetary compensation and tax benefits in exchange for the relinquishment of their development rights to the government.

A previous federal bill provided for the funding of similar easements. J.B. Lekumberry, a Northern Nevada rancher who owns the first land claim in Nevada, is the last in line to receive payment for a conservation easement from the previous bill. He owns thousands of acres of undeveloped pastureland behind his ranch that will be protected by the conservation easement.

Protecting undeveloped land is especially important in Carson Valley as it plays a significant role to preventing flooding. Carson Valley is the first major floodplain for the Carson Basin. About 15,000 acres of land have already been conserved in Douglas County and the majority of that land is floodplain.

Although the process of entering into a Conservation Easement may seem burdensome, many ranchers believe it is worth the work. According to many ranchers, ranching focuses on the future and protecting the future through the establishment of a conservation easement requires that the land remain in ranching for the duration of the conservation easement.

To learn more about this bill, please visit http://www.kunr.org/news/bill-seeks-to-conserve-land-and-way-of-life-in-carson-valley.

On November 8, 2013, the federal Environmental Protection Agency’s (“EPA”) regional administrator for the Pacific Southwest, Jared Blumenfeld, announced that $15 million in grants would be provided to Nevada. Grants were awarded to the Nevada Division of Environmental Protection (“NDEP”) for improvements in drinking water and waste-water treatment.

NDEP was awarded a $6.5 million grant for its Clean Water State Revolving Fund and an $8.5 million grant for its Drinking Water State Revolving Fund for water pollution control and drinking water projects.

In the last 24 years, the EPA has provided Nevada with over $320 million in funding for water projects. Historically, the state has used similar loans to reduce arsenic levels in Tonopah, and to reduce the amount of bacteria and chemicals entering Lake Meade by making improvements to the treatment plant in Clark County.

Administrator Blumenfeld stated that investments such as these allow many communities in Nevada to provide for basic needs for clean, safe drinking water.

We, as well as many water right permit holders and Certified Water Right Examiners, have had October 1st circled in red on our calendars for many years. Historically, the Oregon Water Resources Department (“OWRD”) has set the deadline for Permittees to complete perfection of their water right on October 1^st of the applicable year and the corresponding statutorily set deadline to submit the Claim of Beneficial Use (“COBU”) deadline the following year. Consequently, in our office, the weeks and months leading up to October 1^st have typically been marked by a flurry of activity to assist our clients and consultants in complying with or extending these completion and COBU deadlines.

However, in 2008 OWRD changed the deadline language in water right permits to require completion five years from the date of permit issuance, which means October 1, 2014, and every subsequent October 1, will be just another normal day in the water rights world! We encourage you to take a fresh look at any permits issued since 2008 to confirm completion and COBU deadlines.

Additionally, as many of you may know, OWRD updated its COBU form in July of 2013. Most notably a submission fee will now be charged for COBUs for transfers with a priority date after  July 8, 1987. Take care to ensure you are using the most current version! Should you be looking for these forms on OWRD’s website, please note that they have been relocated to a special CWRE section per the link below:

http://www.oregon.gov/owrd/pages/wr/cwre_info.aspx#Claim_of_Beneficial_Use_Forms_and_Completeness_Checklist

Good luck with today’s deadlines and remember “We do everything water!”

Schroeder Law Offices is joining forces with the Nevada Farm Bureau to provide an informational presentation on water issues in the Walker River Basin. Join us on November 7, from 6:00 p.m. until 8:00 p.m. at Casino West, in Yerington Nevada, as we discuss the Settlement with the National Fish and Wildlife Foundation and Walker River Irrigation District, the Willing Seller Program, and the Walker River Federal Court Litigation.

NFWF Settlement with WRID:
We will be providing a status update regarding the settlement between NFWF and WRID. This discussion will include consideration of the settlement on pending protests and next steps in the process.

Willing Seller Program (aka Water Rights Acquisition Program):
The presentation will include a program overview, and will discuss the status of Purchase and Sale Agreements.

Walker River Federal Court Litigation:
We will be providing to the public a case overview, including Mineral County’s request for water rights with a Nevada statehood priority date, USA and Walker River Paiute Tribe’s request for water rights for tribal lands. We will consider how the requests for water will affect agricultural water users. Finally we will review the litigation service efforts on ALL surface and ground water holders, as well as your ability to participate in the litigation.

For more information on attending this Informational Presentation, please call Schroeder Law Offices at (775) 786-8800 or the Nevada Farm Bureau at (775) 674-4000.

Our office often receives questions from clients regarding the availability of water in a particular area.  The Oregon Water Resources Department has a search engine that we often use to get started on this type of research.

To access the search engine use the following link:

http://apps.wrd.state.or.us/apps/misc/lkp_trsqq_features/default.aspx.

Enter the latitude and longitude or address for the parcel you would like to research. The search will generate a report outlining the basin and sub-basin, as well as Wild & Scenic designation, whether minimum stream flows are instituted, and other useful information. Use the basin and sub-basin designation to look up applicable regulations in the Oregon Administrative Rules, Chapter 690, Divisions 502 et. seq., available at: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_690/690_tofc.html. 

Sometimes the search generates codes, which may require a call to the Department to decipher.  The report may also link to information regarding what times of year water use is allowed or restricted.

The search engine is one of several tools to determine whether water is available for appropriation. Give us a call if you have further questions about water availability in your area, and be sure to stay tuned to the Schroeder Law Offices Water Blog for more information that may affect your water use!

On June 21, 2013, the Nevada Division of Water Resources (“NDWR” or “the Division”) issued a bulletin announcing changes in fees charged by the Division and in accordance with Senate Bill 468, increasing established fees by approximately 20% and adding 5 new fees. This change in fees became effective July 1, 2013. It is important to be aware of these changes in fees as failure to submit the proper fee may result in a delay in processing. Please follow this link to the NDWR’s webpage for a complete list of the new fee schedule. http://water.nv.gov/documents/Fees_2013.pdf. As always, please feel free to contact Schroeder Law Offices, PC with any questions or concerns relating to your water use.

March 7, 2013 marked the end of the administrative phase of the Klamath Basin Adjudication. On that date, the Oregon Water Resources Department issued its Findings of Fact and Order of Determination, adjudicating all pre-1909 surface water claims in the Klamath Basin. Claims that were affirmed in the administrative phase are now enforceable, unless a stay of the Order of Determination is granted.

Although the Klamath Basin Adjudication is not complete –the Klamath County Circuit Court will hear exceptions to the administrative decision and appeals from the court’s decision are expected–pre-1909 water users are already calling for water to ensure enough water for the following purposes: the Klamath Tribes made a call for instream water to support native fish; the U.S. Bureau of Reclamation made a call for water to supply the Klamath Project; and the U.S. Fish and Wildlife Service made a call for wildlife refuges.

The Associated Press reports that watermasters are currently going ranch to ranch along the Sprague River and its tributaries to shut off water users in order to satisfy recently adjudicated pre-1909 water rights. It is expected that similar shut offs will follow on the Wood and Williamson Rivers. The referenced Associated Press articles may be found at the Oregon Live Site here and here. (Last visited June 13, 2013)

A “call” on water means that water users with later-in-time priority dates may have to stop using water to ensure the senior (pre-1909) water uses are satisfied.  To be a final order that can be challenged, a “call” must be made by the Oregon Water Resources Department in writing and provide notice of rights of appeal.  In Oregon, challenging a “call” includes filing a petition for judicial review which may provide an automatic stay of the shut off order.  It is recommended that you scan a copy of your written notice on “call” and send it to your attorney who can advise you concerning your legal options.

It is difficult for outsiders to appreciate the momentous effect that pre-1909 water rights enforcement will have in the Klamath Basin and the number of farmers and ranchers that are now facing possible water shut-offs. It is important that water users understand their rights and are prepared to protect those rights in court if need be.

Schroeder Law Offices represents clients in the Klamath Basin Adjudication. Stay tuned to the Water Law Blog for more information that may affect your water use!

Vanport was the second largest “city” in Oregon prior to 1948.  Located within the Columbia River flood plain, the unofficial city housed thousands of war-time defense employees working primarily in the shipbuilding industry.  Its short-lived existence came to an end, however, in the spring of 1948 when uncharacterstic rain and warm weather caused widespread flooding in the Columbia River.  The river claimed Vanport along with a number of lives, resulting in added attention for the need for flood control within the Columbia River basin.  The event prompted not only the Flood Control Act of 1950, but also vigorous discussion with Canada regarding flood management north of the border where in excess of 35% of Columbia River flow originates.

In 1964, the United States and Canada entered a treaty providing for the construction of dams for the purpose of storage and flood control.  As a result,  3 Canada dams were constructed to withhold and store large volumes of water during run-off months.   The stored water is then released throughout the year to sustain hydro-power generation downstream in the United States.  In return, the United States grants energy entitlement to Canada that carries an estimated value of 250-350 million dollars per year.  By its terms, the first opportunity to change or cancel our Treaty with Canada occurs in 2024.  However, either side must provide at  least 10 years advance notice to the other.  Hence, 2014.

A lot has changed since 1964.  Therefore, a colloborative effort between stakeholders, the Bureau of Reclamation, Corps of Engineers, Tribes, and numerous federal, state, and local governments is developing a recommendation as to whether the United States should seek to continue, cancel or change the Treaty.  Those involved are reviewing data and modeling with respect to how continuation, modification or termination of the Treaty may affect key interests such as flood control, water supply, hydro-power, and ecological goals.    The process is now entering its final stages.  A recommendation will be forwarded to Department of State and Oval Office by the end of 2013. 

Additional information is available  at www.crt2014-2024review.gov.

The plane landed on time Saturday in Portland.  Nevertheless, I definitely experienced “bobble head” on the almost 6 hour flight from DC to Portland! Whew!

Spring arrived while I was in Aghanistan, but it is unseasonably dry here.  The Willamette River in front of our house is lower than usual.  This eastern Oregon girl, won’t complain though about the lack of rain…. Sun shining both Sunday and today…Flowers blooming everywhere!

Catching up a bit and wondering about my next adventure?  Scott and I will attend the World Irrigation Forum in Turkey in the fall as my abstract was accepted. Maybe more work in the Middle East?

Left the EQUALS Compound for the Kabul Airport at 3 pm Friday (approx 3 am Friday in Portland, Oregon) with the EQUALS security contractor PILGRIMS including our driver, armed security, and unarmed Afghan airport liasion.  When I was getting in the vehicle at the Compound, I was instructed to stay in the vehicle unless directed to leave it.  I was also given special instructions should our vehicle be attacked:  “Lay on the floor in the back seat!”  I was also told that if the driver and armed security were both injured, that I should push the red panic button attached to the GPS tracking  for 5 seconds and the security back at the Compound would come to our rescue.

I must say that arriving and departing from the airport was the “scariest” part of the whole trip!  There was dead silence in the vehicle both on pick up and today on delivery to the airport.

At the Kabul Airport outside perimeter, our EQUALS-PILGRIM security let me out of the vehicle where I was directed to a small building marked “Woman’s Security” in English with Arabic underneath.  There was a wool blanket hung over both the entry and exit.  No windows.  Inside, a woman had me spread eagle and patted me down through my clothes.

I think the armed security had to give up his gun because when I arrived, I noted that the security person retrieved his gun from the outer perimeter check point.  I think all the guys had to go through a pat down as well.  But, since I was concentrating on behaving “unsuspiciously,” I didn’t really worry about the guys.

Next, I walked from the permimeter to the intermedite area of the Kabul Airport where I was once again directed to a blanketed building market with a Women’s Security sign, entered alone and patted down by a female Afghan.  Upon exiting this Women’s Security, I was directed to pull my luggage out the vehicle and place it in the scanner.  I was then directed to open my suitcase and unload it so that the Airport Security could look for the metal they saw in the scanner.  I passed this intermediate inspection, and then the security team loaded me up in our armored rig where we entered the Kabul Airport parking lot.  The security person paid some money to park the car, and I unloaded everything again.

This time, the EQUALS-PILGRIM Afghan airport liasion, assisted my out of the parking lot on foot to approach the terminal.  At the edge of the parking lot, I was instructed to show my boarding pass.  However, I didn’t have one.  Moment of panic!

My liasion told me that the only reason I was able to get through the “Bording Pass Checkpoint” was because of his relationship to the checkpoint people.  Crazy, since Safi, the airline I was flying doesn’t issue boarding passes electronically–so, the fact was that people were just showing their itinerary.  My problem was that I had changed my Safi flight from the morning to the evening and had not known that I should have printed out my itinerary at the Compound.

Passing through the Parking Lot checkpoint, we traversed empty road space to the terminal.  Upon entering the terminal, I was once again directed to the women’s “blanket room” and patted down again.  Through that, my luggage was scanned and opened again for inspection.  The Airport Security does not dig through your luggage, I think afraid that they might grab a bomb, so I unloaded it and satisfied, I threw everything back into the suitcase.

Finally I ended up at the Safi check-in.  My luggage tagged, and boarding passes obtained, I went upstairs alone–my Afghan liasion departed to the arrival lounge to pick up someone else.  I lined up and went through immigration and another security scanning which was similar to TSA scannings–no more pat downs there.

Waited a couple of hours, then on the plane to Dubai.  It was about a 3 hour flight.  At Dubai, we had to go through another TSA security type check to enter the airport.

At Dubai, I waited about 4 hours, then the United Airline departure area opened where passports were checked, and another secondary hand screening of our carry on luggage!  Loaded and then a 14 hour flight to DC where I am now waiting (most of the day) for a direct flight to Portland, Oregon.

In DC after immigration, picking up our luggage, and going through customs, we deposited our luggage for scanning and then had another TSA security screening before entering the DC airport proper.

Perhaps the day will come when we can “Beam Over?”

Had a Starbucks Grande Triple Shot Non-fat Latte…but think I might need another one soon!  I think this is the longest continuous air trip I ever made in my life.  Needless to say, I will appreciate being home again following this amazing adventure!

I presented the recommendations of the Governance training participants to the Technical Secretariat today in Kabul.  Afghan’s Technical Secretariat for the Water Sector is made of the following representatives:

The Governance Training Graduates below (with me as their facilitator/ trainer/ teacher) hope that their three pages of single spaced recommendations, following four and a half days of work, will have voice with the Technical Secretariat that has the power to pass regulations and suggest legal amendments to the Water Law to Afghan’s Parliament.

 

Tomorrow will be my last day of the Governance training here in Kabul with class ending about 11 am.  I will provide about a half hour of feed back to the Technical Secretariat at 2 pm.  The Technical Secretariat consists of all the in-line water ministries so will give me a chance to interact with some of the more important leaders of the Afghan water sector.

In a short couple of weeks, I made some great friends who shared the ups and downs of the tough side of development work and capacity building.  Uniquely, here, you live, eat and play with the people you work with so its a 24/7 relationship that requires that you really learn to trust one another for the simple things, like learning how to get in and out of a security vehicle, or walking down the street.  The Basics.

After work today, I headed with Glen to Spinney’s, which is the super market adjacent to the Compound, to purchase an Arabic calendar.  We are not required to take a security guard with us, but they are posted all along the route and radio each other to follow us on the short walk.

The Persian New Year starts this Thursday (spring equinox)  and is an official holiday in Afghanistan.  I thought this article on the New Year was especially enlightening:  http://www.tolonews.com/en/opinion/2190-qnawruz-1390-q-or-the-afghan-new-year–

Taqi, the translator that I have been working with, will take New Year’s holiday on Wednesday so I will not have a translator that day–though the plan is to train only a half day–and spend the afternoon with the Technical Secretariat, the highest level of agency organization including the main line water ministries and agencies.

I asked Taqui how New Year’s is usually celebrated before I read the article.  He said, “Everyone goes for a picnic!”  It’s still pretty dry, dusty and wintery here in Kabul, but likely there are green spots at lower elevations.

I will have to consider how to celebrate!  Likely, it won’t be a picnic unless it’s in the Compound.

In preparing to deliver training in Afghanistan, one of my concerns was being a Lutheran-Christian woman teaching Moslem men.  I wondered if I would suffer any prejudice? Or, if the men would direct their questions to the translator, instead of me?

I am pleased to report that every man both in and out of  class has treated me with the utmost respect. In fact, the teaching experience is extremely rewarding. My only disappointment is that only one woman attended my Public Administration class, and today the woman that had attended yesterday’s Governance class, did not attend today.

According to Moselm custom, men and women do not touch each other.  Instead, women, when greeted, put their hand over their chest with a slight bow.  I’ve noticed that some men will offer their hand in greeting, especially after a day or two of class.  I am taking that as a sign of respect and some acknowledgement of equality, whether or not it is meant in that way.  Glen told me that given two men from the Public Administration Class requested to continue with the Governance class attending every day, he knows that the trainings are being well received.

Perhaps, because I spent some time studying the proper way to dress in order to honor the culture here, and purchasing the appropriate clothing online, respect was returned to me.  Many of the men here at the compound commented favorably on my respectful dress.  To tell you the truth, it’s kind of fun dressing up everyday Afghan style !

On Friday (Holy Day), Elizabeth arranged for Paul, Galeb, Arzi, and I to go out to brunch and shopping at a local women’s artisan market in Kabul.  As usual, the entrance to security approved locations required a wanding, walk through a metal detector and a hand search through my purse.  Apparently, sometimes you are required to show your ID/passport, particularly where alcohol is served since special licenses limit the Afghans from serving alcohol to anyone who is Afghani.

At the artisan market, called Ganjina, the work is prepared by widows and is marked for non-negotiable pricing, which, of course, one is happy to pay.  The shop is behind walls and security, and unless you knew where you were going, you would never know how to find this special place.  The shopping experience is much less pressured than that on Chicken Street, and the prices reflect that consideration.  However, since Holy Day is also the guys day to play basketball here at the compound, Elizabeth and I had to rush through the shopping.  Nevertheless I managed to find some lovely textiles, jewelry and Afghan sling shot for my grandson!

The best think about the excursion was visiting a new part of town.  Elizabeth told me that some of the streets that looked particularly nice were rehabilitated by the Japanese development team.  Though as you can tell from a couple of pictures, the money didn’t always extend to to full length of the street, given the mud that we experienced!

Saturday through Thursday constitutes the usual work week in Kabul.  Between Saturday and Tuesday, we work at the Ministry where we have marvelous meals that are cooked for our team there in our own kitchen nestled between the offices and the bathrooms!  During my trainings our chef plated each meal–I should say we had two plates each!  Besides a wonderful Persian rice dish including raisens and nuts, there was fried chicken, lamb and beef!  All made in a tiny kitchen at the end of the hall. Back at the Compound we have our own kitchen as well.  Breakfast includes fresh squeezed orange juice, or made to order pomegranite juice, as well as to order eggs, omelettes, pancakes or french toast! Besides the made to order items, brunch on Fridays (Holy Day) includes bacon, sausages and other meats.  While at the Compound (we work from here on Thursdays), lunch was a “full meal deal” with mediterranean salad, fried shrimp, spagetti with meat sauce and two kinds of cheeses as well as cooked vegetables with cinnamon rolls for dessert (danish style so I still think mine are better)!  Dinner is similarly wonderful with two or three kinds of meat, usually a barbeque of some sort (lamb, chicken or beef), salad, vegetables, and dessert.  Last night we had chocolate cake!  With every meal Afghan bread is served which is a kind of foccacia–too dry for me especially when I have so many other wonderful choices.  Today, the cooks added garlic bread with the spagetti fare.  If I don’t gain five pounds, I will be surprised!  My bedroom is adjacent to the kitchen here on the Compound.  The door to my room opens onto the dining rooms which means that I can sneak out in the morning to grab a cup of hot water to make coffee from the VIA I brought.  The hot water is always available.  Tea is the national drink!  I just snapped a picture out my door and caught the cook’s assistant putting out dinner looks like bbq chicken!  Unfortunately, I will be taken out for dinner tonight—hopefully it will be better than the last time I went out where lasagne was served–which cost $10 and was not half as good as the food at the Compound. 

The streets were filled with hand carts today.  I wonder if the carts are manned by a certain ethic group as most look more Asian that other peoples on the street of Kabul.

A step up from the hand carts are the donkey carts hauling bigger loads.

Next up are bicycles and motor cycles.  In Afghanistan, a rug is used to cover the seat!  And a scarf is used instead of a helmet.

Dealing with traffic at the 4 pm rush hour requires an expert driver.  Luckily, our driver is young, patient and experienced in nudging the SUV into lanes and streets against all odds…even in the rain!  Perhaps a remnant from the British era, Kabul even has stands in the middle of the street for the traffic cop.