Choosing the Right Entity for an Oregon Drinking Water System Communities, homeowners’ associations, and businesses in Oregon face a key structural question: what is the best legal entity to own and operate a shared drinking water system? The answer depends on governance needs, regulatory context, and the structure of underlying water rights. Selecting the right […]
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EPA and Army Propose Update to the Definition of WOTUS On November 17, 2025, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“the agencies”) released a proposed rule that updates the definition of “Waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). The proposal aims to bring
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In a significant decision, the United States Supreme Court has narrowed the scope of the National Environmental Policy Act (NEPA). This ruling came from the case Seven County Infrastructure Coalition v. Eagle County. What is NEPA? NEPA is a law that requires federal agencies to consider the environmental impact of their actions. For any major federal
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The 2025 Nevada Legislative Session has begun. It’s looking like a busy session for water bills. Four bills caught my attention and we thought we should share them with you! Assembly Bill 134 AB 134 proposes to amend NRS Chapter 533 to allow owners of a perfected water rights to submit water conservation plans to
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The McCarran Amendment A current Ninth Circuit Case could upset pre-1952 water rights adjudications in certain circumstances! Enacted by Congress in 1952, the McCarran Amendment, 43 U.S.C. § 666, waives the United States’ sovereign immunity in state court water rights adjudications. The Amendment acknowledges the power of a state to regulate ownership and use of the
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In 2019, we previously posted a blog on the Public Trust Doctrine in Nevada which you can find here. Since then, the Nevada Supreme Court made its decision in Mineral Cty. v. Lyon Cty., 136 Nev. 503, 473 P.3d 418 (2020). We provide a brief recap of the Public Trust Doctrine and an update on
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Conjunctive management recognizes there may be a hydrological connection between groundwater and surface water within an area. This means, drawing down groundwater may affect the availability of surface water, and vice versa. In prior appropriation states like Nevada, where senior water rights have priority, surface water rights will generally trump groundwater right. In January 2024,
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