The State of the Water Industry Survey In the June 2020 issue of Opflow, the American Water Works Association published a survey of 3,351 water industry professionals. The State of the Water Industry (SOTWI) survey identifies challenges to the water industry and seeks to understand their causes. Several issues regarding water resource management made the […]
Survey by AWWA Details Challenges Facing the Water Industry Read More »
In a previous blog, we looked into who owns an aquifer: does it belong to private individuals or the public? Under the ad coelum doctrine, the surface owner holds the ground itself – rocks, dirt, and the like – as private property, owned all the way down to the Earth’s core. On the other hand,
Update: Is an Aquifer’s Pore Space Public or Private Property? Read More »
Well sharing agreements are more common than you might expect! These types of agreements allow neighbors to share a well along with the costs for electricity and maintenance. However, there are several pitfalls that can be a big headache for landowners! What are well sharing agreements? Basically, these kinds of agreements are a combination of
Well Sharing Agreements: Good Agreements Make Good Neighbors! Read More »
In the final COVID-19 webinar, Laura Schroeder, Therese Ure, and Sarah Liljefelt discuss various types of easements and how to protect water access. The webinar airs on June 17, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here! First, learn the different types of easements, how they are created, and when
In the eighth COVID-19 webinar, Laura Schroeder, Michelle Owen, and Scott Revell discussed various types of water organizations. The webinar aired originally on June 3, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here! Above all, learn the differences between public and private water organizations. For instance, the panelists will provide
COVID-19 Webinar Series: Water Management Organizations for Ag and Domestic Delivery Read More »
In the seventh COVID-19 webinar, Laura Schroeder and Catherine Hansford explained the basic steps in determining the value of water rights. The webinar aired originally on May 27, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here! First, participants learn the different water right components that might either add value to
COVID-19 Webinar Series: The Value of Water Rights : Know What You’re Selling or Buying Read More »
In the fifth COVID-19 webinar, Laura Schroeder and Therese Ure discussed adjudications and filing a claim for a “vested” water right. The webinar originally aired on May 13, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here! Stay tuned to our blog for announcements for information about the next webinars. You
In the fourth COVID-19 webinar, Laura Schroeder and Wyatt Rolfe discussed how to conduct due diligence on water use rights. The webinar originally aired on May 6, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here! Stay tuned to our blog for announcements for information about the next webinars. You can watch
COVID-19 Webinar Series: Water Rights Due Diligence in Land and Utility Acquisitions Read More »
In the third COVID-19 webinar, Laura Schroeder, Clint Kinney, and Bob Long discussed what to do when you receive a notice that your well construction is non-compliant. The webinar aired originally on April 29, 2020 from 12:00 PM to 1:00 PM. You can watch the webinar here! Stay tuned to our blog for announcements for
In the second COVID-19 webinar, Laura Schroeder and Sarah Liljefelt discussed what to do when you receive a notice of cancellation of your water right in Oregon. The webinar aired originally on April 22, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here!. Stay tuned to our blog for announcements for
As the first COVID-19 Webinar in new weekly series, Laura Schroeder and Therese Ure discussed the ins and outs of how watermasters regulate water in Oregon and Nevada. The webinar aired originally on April 15, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here! Stay tuned to our blog for announcements
COVID-19 Webinar Series: What To Do When the Water Master Shuts Off Your Water? Read More »
Was your upcoming water law conference cancelled? Or are you itching to learn more about Oregon water law, but could never attend one of Schroeder Law Offices speaking events? Stuck inside due to Covid-19 orders? You’re in luck! Laura Schroeder will be offering a series of free webinars this spring covering a wide range of
Announcement: Covid-19 Water Law Webinar Series Registration Now Open Read More »
Oregon dairy farmers produce great milk products for the northwest! Jakob Wiley attended the Oregon Dairy Farmers Association (“ODFA”) conference in Salem, Oregon this February. The conference included a fascinating keynote presentation by Alison Van Eenennaam of UC Davis. Her presentation addressed the intersection of climate change, dairy products, and cultured meat. Cultured meat is
Oregon Dairy Farmers Association Conference Read More »
Associate Attorney Jakob Wiley recently co-authored an article titled “Groundwater Management: The Movement Toward Local, Community-Based, Voluntary Programs” in the Kansas Journal of Law and Public Policy (Volume 29, Issue 1) available for download here. Jakob’s contribution provided the western United States’ examples and perspectives for the paper. The paper is a product of a
Associate Jakob Wiley Publishes Groundwater Management Article Read More »
The Oregon Water Resources Department (“OWRD”) does not use a single definition of an aquifer. Instead, it uses different applications of the word depending on the context. Scientifically, there is a generally accepted definition (which we discussed here: https://www.water-law.com/who-owns-an-aquifer/): “body of permeable rock which can contain or transmit groundwater.”[1] Depending on the location, context,
OWRD’s Various Aquifer Definitions Read More »
The adoption of efficient water technologies is identified as a goal under Oregon Water Resources Department’s (“OWRD”) 2017 Integrated Water Resources Strategy (https://www.oregon.gov/OWRD/programs/Planning/IWRS/Pages/default.aspx). For agricultural uses, weather-based irrigation, soil moisture controls, computer controlled irrigation, and piping and drip irrigation systems are being developed to substantially reduce the amount of water applied to land for the
The “Dark Side” of Water Efficiency: The Rise of Return Flow Injury Read More »
The year 2019 marks the 50th anniversary of the Willamette Valley Project, a tumultuous time in the history of the project. These dams are operated by the United States Army Corp of Engineers’ (“Corp”) Portland District, which utilizes 13 dams to prevent flooding and provide water storage for various water users and aquatic species in
Willamette Project’s 50 Year Anniversary: Flooding and Reallocation Read More »
The Oregon Water Resources Department (“OWRD”) will present proposed temporary rules to the Water Resource Commission that would place a temporary hold on Upper Klamath Basin well regulation for two years, during which time OWRD would only regulate off wells within 500 feet of surface water sources in response to validated calls for water.
Temporary Hold on Upper Klamath Basin Well Regulation through Proposed Rulemaking Read More »
The Public Trust Doctrine is seeping to California’s aquifers, bringing something like conjunctive surface water and groundwater management to the state. Conjunctive management is a legal approach to managing surface water and groundwater as an interconnected resource. Often states separate the regulation of groundwater from surface water. Conjunctive management attempts to reconnect the regulation of
Are aquifers public or private property? The question is more complicated than it first appears! To answer the question, one must dive down into the fundamental origins of our legal system, fraught with complicated Latin phrases, just like the dangers of the deep itself! Aquifers are scientifically defined as a “body of permeable rock
Who Owns An Aquifer? Read More »
