In 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued a joint administrative rule, the “WOTUS Rule,” attempting to define the statutory term “waters of the United States” within the Clean Water Act (“CWA”) in order to more clearly define the agencies’ jurisdiction. Schroeder Law Offices summarized the background and […]
WOTUS Rule Litigation Update Read More »
In November 2017, the United States Army Corps of Engineers (Corps) published the Willamette Basin Review Feasibility Study, Draft Integrated Feasibility Report and Environmental Assessment (Study). The purpose of the Study (which can be viewed in its entirety here) is to evaluate the reallocation of 1,590,000 acre-feet of Willamette Valley Project stored water. The Study
Study: Willamette Valley Project Reallocation Read More »
The Oregon Water Resources Department will no longer be issuing water use permits for “nursery operations use” in the Willamette, Sandy, and Goose & Summer Lakes Basins. This decision follows a very long history of the Department’s issuance of nursery operations permits all across the State, including these basins. The Department recently decided to read
Nursery Operations Use Permits Halted in Oregon Basins Read More »
Eastern Oregon is already experiencing above-average snowpack levels for this time of year, reports the Capital Press: link. This follows above-average snowpack and precipitation reports from the 2016-2017 water year, and looks to be good news for Oregon water users as we continue to climb out of the recent drought. (You may remember seeing the
Snowpack Above Average in Oregon Read More »
Attorney Sarah Liljefelt and Paralegal Tara Jackson attended the Oregon Ground Water Association’s Fall Convention at the end of October. Tara’s team won fourth place in the annual golf tournament, winning machetes as part of their prize package! Tara also won the women’s long drive; way to go, Tara! Sarah presented at the convention on
Oregon Ground Water Association’s Fall Convention Read More »
Do you remember when extensions of time were approved by the Oregon Water Resources Department routinely with ease? That time was over for municipal water providers years ago (see related article); however, until recently, other permit holders simply faced increasing amounts of application paperwork. Now, that time may be over for every permit holder. Our
Oregon Extensions of Time Receive Increased Scrutiny Read More »
Law Clerk Jakob Wiley will be presenting on unitization approaches to aquifer governance at the next Groundwater Advisory Committee (“GWAC”) meeting held June 30, 2017. He will be presenting his research on voluntary aquifer governance agreements, focusing on aquifer governance rather than groundwater management. The approach is the topic of his graduate thesis as part
Collective Aquifer Governance by Contract Presentation Read More »
The Oregon Department of Fish & Wildlife (“ODFW”) filed applications for numerous instream water use rights in the last few months for salmon habitat in the Hood River basin. Instream water use rights in Oregon are held by state agencies for the preservation of a public purpose, like preserving salmon habitat. Beginning in December
Oregon Department of Fish & Wildlife files for Instream Rights in Hood River Basin Read More »
Partner Sarah Liljefelt and Assistant Administrator Kelley Wesson are heading to Olympia, Washington this weekend to race dragon boats with the Oregon Women Lawyers team, the Dragonflies, at the Port of Olympia. The Oregon Women Lawyers Dragonflies is an all-women, competitive dragon boat team made up of attorneys, paralegals, and other legal professionals. The team
Oregon Women Lawyers Race in Olympia, Washington this Weekend Read More »
Last month, attorney Sarah Liljefelt organized a tour of the Whooshh Innovations fish passage structure constructed for the Washington Department of Fish and Wildlife on the Washougal River. Members of the Oregon State Bar Environmental and Natural Resources Section attended, including attorneys in private practice, working for the State of Oregon, and public interest. Whooshh
Flying Fish Passage! Read More »
California Water Right Ownership Updates Required The State of California wants to know when you sell or transfer water rights. As part of any land use transaction involving water rights, regulations require landowners to provide notice to the Water Resources Control Board (WRCB) when water rights transfer to new owners. The WRCB will accept any
California Water Right Ownership Updates Required Read More »
The Oregon Water Resources Commission’s (OWRC’s) rulemaking for the Greater Harney Valley Groundwater Area of Concern (Area of Concern) became effective on April 15, 2016. The new regulations limit pending and new applications for groundwater use in the Malheur Basin. Citing concern over lowering groundwater levels in the region, OWRC passed the new regulations to
New: Harney Valley Groundwater Area of Concern Read More »
California’s Sustainable Groundwater Management Act Regulations Issued California’s Sustainable Groundwater Management Act (“SGMA”) was passed in 2014. The SGMA requires local agencies to bear the burden of creating, implementing, and enforcing Groundwater Sustainability Plans (“GSP”) in certain groundwater basins to manage the aquifer in a “sustainable” manner. The California Department of Water Resources (“CDWR”) recently
New Sustainable Groundwater Regulations Read More »
On April 6, 2016, amendments to the Klamath Hydroelectric Settlement Agreement (KHSA) and the new Klamath Power and Facilities Agreement (KPFA) were signed at a ceremony at the mouth of the Klamath River on the Yurok Indian Reservation. These changes come in the wake of the Congress’s decision not to pass legislation for the Klamath
Update: Klamath Basin Agreements in 2016 Read More »
The Oregon Water Code provides that construction of a water system must be completed within certain time limits from issuance of water use permits (5 years for non-municipal water use permits, and 20 years for municipal permits). ORS 537.230 (“…the holder of a water right permit shall prosecute the construction of any proposed irrigation or
New Oregon Water Permit Condition to Begin Construction Read More »
On September 18, 2015, the Bureau of Land Management (“BLM”) and United States Forest Service (“USFS”) issued Records of Decision (“RODs”) related to land management in support of sage grouse populations on lands managed by the agencies. The RODs put land use plans in place in lieu of listing sage grouse under the Endangered Species
Sage Grouse Land Use Plans and Law Suits Read More »
In the Northwest, a substantial percentage of our power comes from hydroelectric projects. California’s new legislation requires utilities to provide electricity from 50% renewables by 2030, and Oregon’s new legislation requires the same by 2040. The hydro power industry is viewing these renewable standards as creating continuing demand for hydro power, but several trends are
Renewable Energy Demand Grows; Hydro Power Faces Challenges, Opportunities Read More »
California Governor Brown signed Senate Bill 88 into law on June 24, 2015. Part of that Bill amended the California Water Code to require that all persons who divert 10 acre-feet or more of water per year after January 1, 2016 must install a water measuring device to measure the rate of diversion (including diversion
California’s New Water Measuring, Recording & Reporting Law Read More »
Oregon Revised Statute 537.225 was enacted in 2013, allowing water use permit holders with irrigation, nursery, temperature control, stock watering, or agricultural water uses and subsequent completion dates to apply for assignment of all or part of the water use permit, and for the issuance of a replacement water use permit that reflects that assignment.
Oregon Water Use Permits May be Split Read More »
With the 2015 Oregon Legislative Session in full swing, below is a list of water-related bills that may be of interest: HB 2207 Authorizes Environmental Quality Commission to adopt by rule procedures for implementing alternative ballast water management strategies for vessels with empty ballast tanks HB 2451 Extends maximum loan term for loans made from
Oregon’s 2015 Water-Related Bills Read More »
