Wetlands Delineation: Canals, Ponds, Drainage

Wetlands delineation and the Clean Water Act have come into focus again.

You may be about to invest in cleaning ditches or drains, or raising or deepening your reservoir or pond. Before you do, participate in this webinar to

  • Learn how to identify potential development issues related to Clean Water Act jurisdiction, the agricultural exemption, the agencies involved in making determinations and their legal powers to levy fines.
  • Learn why a wetlands delineation maybe required, and the steps a professional consultant undertakes in making wetland determinations.
  • Learn what mitigation techniques are available in the event wetlands issues are hindering your activities.

Laura Schroeder and Therese Ure Stix together with Andrea Rabe of Rabe Consulting will present an hour long webinar to address these issues. The Webinar is scheduled for Tuesday, September 14. it will start at noon, pacific time.

You must register in advance here.

This live webinar is the most recent of 21 webinars presented during 2020 and 2021. We have dubbed the current series  the “Vaccine” series in view of our ongoing fight with COVID. You can watch recordings of all 20 previous webinars here.

Visit our site to learn more about Oregon Water Law or Nevada Water Law.




Winter Storage for Use All Year

Winter Storage

Winter StorageWinter storage for use throughout the year may still be a viable option with surface water and hydrologically connected groundwater oftentimes unavailable for new permitting. It could be more important than ever during periods of prolonged drought!  

Laura Schroeder and Sarah Liljefelt will present a free, hour-long webinar on Tuesday, August 3rd, from noon to 1:00 PM, Pacific Time.

In this webinar you will learn about the roadblocks to developing surface water and hydraulically connected groundwater, and how to determine if water is available for winter storage. Then we will address the dual permitting process, how to optimize the storage location, and obtaining necessary flood easements. Finally, we will discuss what is involved in sharing storage by contractual arrangement.

There will be live Q&A. Questions will also be accepted in advance from registrants by email to Brittany Jesek b.jesek@water-law.com

Please register in advance for the new webinar at https://us02web.zoom.us/webinar/register/2616261961273/WN_CNx3ZdMBRf62SXFmD80EMw

We will then send you a link to the actual webinar.

This new topic is the fourth of our “VACCINE” webinar series. It follows upon last spring’s popular “COVID” webinar series. You can view recordings of our prior webinars at   Water Right Video Handbook or Guide.  

Also, stay tuned for additional upcoming topics:

  • Tuesday, September 14—Due Diligence for Canal, Pond, and Drainage Maintenance: Wetlands Delineation.
  • Tuesday, October 19—How to Change or Remove an Easement (Ditch, Road, Well Share) from Real Estate.
  • Tuesday, November 9—Should or Can You Take Stormwater Into Your Existing System?

We look forward to having you with us next Tuesday!




Well Share Agreements

If you didn’t take our earlier advice or purchased a home where the developer put you on a shared well under an exemption then you are likely having or will have issues. Even if you are related to the other homeowner(s)!  And even if you are under an exemption which is allowed in Oregon (15,000 gallons group domestic), Washington (5,000 gallons group domestic), and  Idaho (13,000 gallons total exempt use), ,

Webinar #3 in our 2021 Vaccine Series, Terms to Put in a Well Share Agreement, is for you. You can view a recorded version of this webinar here.

Dust off your well share agreement and/or easement. Bring Questions even if you don’t have one at all. Attend the one hour free webinar on Tuesday, July 13, 2021 Pacific to obtain tips on why a well share agreement and easement is necessary, what terms should be included, and how to negotiate them.  Attorney Laura Schroeder will also explain why drilling your own well and abandoning the well share agreement to extinguish the easement might be your best alternative.  There will be live Q&A with questions also accepted in advance from registrants by email to Brittany Jesek b.jesek@water-law.com 

You can view all of our past webinars at Water Right Video Handbook or Guide – Schroeder Law Offices (water-law.com)




Water Rights: Oregon Disclosures

Announcement: Oregon Realtors’ Water Right Training Webinar (for credit!)

The Polk County Association of Realtors has teamed up with Schroeder Law Offices for a webcast to Oregon Realtors regarding water rights and initial disclosures related to water! The webinar airs this Thursday, June 18, 2020 at 11:30 AM. Click here to register. The webinar will provide CE credits for those that attend, but registration is available for anyone interested in real estate transactions involving water rights.

First, attendees learn the basics of Oregon’s water code and general information realtors can use to assist their clients. Next, the webinar presents easements and agreements particular to water-related properties. Panelists review the basics of conducting online water right research and the key issues to watch for. Finally, the webinar outlines ORS 105.464 initial disclosures and how to answer questions related to water use! Generally topics include:

  • Oregon water law basics
    • Licenses, permits, and certificates
    • Exempt uses
  • Researching water use rights online
    • Locating water rights and documents
  • Water-related easements
    • Types of easements and agreements for water delivery
  • ORS 105.464 Initial Disclosures
    • How to answer initial disclosures
  • Key issues in water-related property sales

If you would like CE credits, please contact our office for a certificate, only possible for live attendance during the event. If you have any issues with registration or viewing the webinars, please contact Scott Borison at: scott@water-law.com.

This presentation is 10th in a series. To view recordings of past events see https://water-law.com/webinars.




Working with COVID-19

Corona Virus Alert

Schroeder Law Offices is working with COVID-19.

Corona Virus AlertAll of us at Schroeder Law Offices are equipped to work in the office, at home, or anywhere. Now we have relaxed our work at home policy. Some of us are well established in our home offices. Consequently, anyone or everyone can continue their work even in the face of quarantine or social isolation during this difficult time.

At Schroeder Law Offices we have long seen the benefits of technology. First of all, we digitize everything that comes into or leaves our office.  Moreover, we have been storing all client related material under the Worldox document management system since 2005. We use TABS3 Practicemaster for all our case management activities. Through technology our attorneys and staff can use Remote Desktop to access what they need anytime.  They can connect with our systems in the office from home or away 24 hours a day, 7 days a week. We are all working with COVID-19.

As a result the COVID-19 situation has not impacted our ability to stay immediately prepared to meet water law issues.  Now, with innovative use of Office 365 and the new and evolving Microsoft TEAMS platform we can enjoy office meetings and client meetings with a nearly face to face experience even when we are far apart.

Our teams have and will continue to have the option to work remotely, access client files, and meet with clients from anywhere on the globe. Laura Schroeder has shown this many times from such faraway places as Kabul, Afghanistan or Yerevan, Armenia.

Right now is a perfect time for Schroeder Law Offices to work on your water law needs.




Webinar: Water Rights Due Diligence

Oregon State University’s Family Business 360 Series for 2019-2020 will feature Laura Schroeder in a webinar on February 20, 2020. The webinar will have two parts. 

The first is an introduction to water rights drawing on Laura’s nearly 30 years’ experience as an Oregon water lawyer.

The second part addresses Due Diligence for Sellers and Buyers. This second part includes researching water rights associated with a property; assessing current use and status of water rights; and identifying related water rights.

You can watch this fast paced webinar at noon on Thursday, February 20, 2020. It is free to watch and open to the public. To watch it you must sign up here to receive a link to the presentation. Just scroll down to the February 20 webinar here, click the link and fill out the form. After you sign up the program manager will send your link to the webinar via email during the week of February 17.




Wifi Through the Sewers in Anacortes

Anacortes, Washington

The city of Anacortes, WA, is making news by running part of its new fiber optic cable network through its water system.

Brown and Caldwell’s Water News for September 25, 2019, links to a report by KUOW News: “Wifi wires will run through water pipes in northern Washington town.” This “first in North America” system, according to Fred Buckenmeyer, Director of Public Works for Anacortes, has already connected Anacortes with neighboring city, Mt. Vernon.

 

Richard Walker, of goanacortes.com, writes: “installation of the first fiber optic cable began April 8, using a method commonly used in Europe … using conduit installed in active water lines.” According to KUOW’s report, the internet tube is encased in the same plastic as the water pipe.

Buckenmeyer continues, “Like having a water pipe inside a water pipe. No chance of contamination or anything like that.”

It is also being touted as a way to reduce costs such as eliminating the need to dig under Washington State’s Skagit River, the Swinomish Slough and “15 miles of farms, wetlands, streets and sidewalks along the way.”

Jacqueline Allison, also of goanacortes.com, writes that this is intended to provide a fiber optic telemetry enabling communication between fire stations, water stations and other city facilities.

The city will sell the unused broadband capacity to consumers as part of a municipal wifi network. Interest in connecting to this growing network has already been expressed by Island Hospital in Anacortes, and Western Washington University in Bellingham, among others. The city is hoping to entice customers from commercial internet providers. According to project manager Jim Lemberg, if they can capture a third of the commercial market, the project will “pay for itself in 15 years.”

Stay tuned to Schroeder Law Office blog for water law and water updates all year long.




Standard Office Hours Resume in September

Beginning Tuesday, September 3, Schroeder Law Offices, P.C., resumes regular office hours:

Monday through Friday
8:00 am – 5:00 p.m.

Schroeder Law will be closed, Monday, September 2, to observe Labor Day.

This summer we experimented with a nine day rotation, Monday through the next Thursday, 7:30 am – 5:30 pm. The tenth day, every other Friday, either the Reno or Portland office was closed covering work for the other office alternatively.

In an emergency, please phone or email your attorney directly. Our goal is to return your call or email within 24 hours.




SLO Sponsors Reno Mustangs Co-Ed “D” Softball!

Schroeder Law Offices, P.C. is pleased to announce its sponsorship of the Reno Mustangs’ Co-Ed “D” Softball team’s trip to the ASA National Softball Tournament being held in Portland Oregon. The Reno Mustangs are a tournament softball team that enjoy spending their weekends playing in tournaments to help support local charities and those in need. Those playing in the National Tournament include Schroeder Law Offices own Therese Ure, captain Kevin Jones, manager Chrissy Rodriguez, and teammates Scott, Vince, Mike, Keith, Dave, Emily, Dayna, Courtney and Elli.

The tournament will be held at Portland’s William V. Owens Softball Complex (East Delta Park). The Mustangs first game will be Saturday August 28, 2010 at 10:15 AM!

For more tournament information, see the Washington State ASA web site.

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Follow Schroeder Law Offices!

Now you can follow Schroeder Law Offices on Find us on Facebook, LinkedIn and Twitter Just click on the logo!




Water Law Educational Seminar

Laura Schroeder will present her popular “Water Rights Bootcamp” on JUNE 2 in Sisters, Oregon. This presentation will be an educational seminar suitable for all with and interest and concern for water rights in Oregon. For details and an agenda see the Schroeder Law Offices web site.




Nevada Resources Director Honored at Reception

Schroeder Law Attorneys Schroeder and Ure as members of the executive committee for the Nevada Environmental and Natural Resources Section as well as Schroeder Law Administrator Scott Borison assisted in planning and participated in the First Lifetime Achievement Award ceremony and reception for former Director of Conservation and Natural Resources Allen Biaggi on May 4, 2010. The reception was hosted by the Lionel Sawyer & Collins Reno office where Mr.. Biaggi, who retired on April 30, 2010, was recognized for more than 30 years of state service.




Nevada State Engineer Appointed

The Director of the Nevada Department of Conservation and Natural Resources recently announced the appointment of Acting State Engineer Jason King to the position of State Engineer.  Mr. King has spent more than 19 years with the Division of Water Resources.  A press release from the Nevada Department of Conservation and Natural Resources on this appointment is available here.




Update: Upper Klamath and Lost River Subbasins Comment Period Extended

As we reported in early February, the Oregon Department of Environmental Quality (“DEQ”) has released a Water Quality Management Plan for the Upper Klamath and Lost River Subbasins for public review and comment.

Due to ongoing drought conditions in the Klamath Basin, DEQ has extended the public comment period by 45 days to May 27, 2010. Additionally, DEQ announced that a public hearing is scheduled for 6 PM on May 12, 2010 at the Oregon Institute of Technology, College Union Auditorium, in Klamath Falls.  More information on the Water Quality Management Plan or Comment Period Extension is available on the DEQ website.




State Engineer convenes workshop to consider options following Nevada Supreme Court Decision

On January 28, 2010, the Nevada Supreme Court issued its opinion in the matter of Great Basin Water Network, et al. v. State Engineer and Southern Nevada Water Authority, wherein the Court determined that the State Engineer had violated the statutory duty under NRS § 533.370(2), which requires that the State Engineer approve or reject any application made prior to the 2003 legislative amendments within 1 year after the final date for filing a protest. Subsequently, the Nevada Legislature issued a Motion to Express Legislative Intent during a Special Session indicating that the resolution of the issues raised in Great Basin Water Network is of critical importance.

On March 16, 2010 the State Engineer held a workshop to consider possible amendments to Nevada water law to address the issues raised in Great Basin Water Network including (1) the protection of existing water rights, (2) the status of pending applications, (3) the preservation of priorities, and (4) the application of the protest period provisions. The State Engineer has posted written comments filed during the workshop along with suggested language to address the issues raised on the workshop webpage.

The State Engineer will accept proposed amendments that address the issues raised in Great Basin Water Network until Friday, March 26, 2010. Any proposed amendments will be posted on the workshop webpage, and comments to the proposed amendments will be accepted until Friday, April 2, 2010.

For more information, including links to the Supreme Court decision and the Legislature’s motion, visit the workshop webpage.

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On January 28, 2010 the Nevada Supreme Court issued its opinion in the matter of Great Basin Water Network, et al. v. State Engineer and Southern Nevada Water Authority, wherein the Court determined that the State Engineer had violated the statutory duty under NRS § 533.370(2), which requires that the State Engineer approve or reject any application, made prior to the 2003 legislative amendments, within 1 year after the final date for filing a protest. Subsequently, the Nevada Legislature issued a Motion to Express Legislative Intent during a Special Session indicating that the resolution of the issues raised in Great Basin Water Network is of critical importance.

On March 16, 2010 the State Engineer held a workshop to consider possible amendments to Nevada water law to address the issues raised in Great Basin Water Network including (1) the protection of existing water rights, (2) the status of pending applications, (3) the preservation of priorities, and (4) the application of the protest period provisions. The State Engineer has posted written comments filed during the workshop along with suggested language to address the issues raised on the workshop webpage .

The State Engineer will accept proposed amendments that address the issues raised in Great Basin Water Network until Friday, March 26, 2010. Any proposed amendments will be posted on the workshop webpage , and comments to the proposed amendments will be accepted until Friday, April 2, 2010.

For more information, including links to the Supreme Court decision and the Legislatures motion, visit the workshop webpage .


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New Interactive Advocacy Tool

The Source Water Collaborative (“SWC”) is a group comprised of federal, state and local partners working to protect the source of America’s drinking water in lakes, rivers, streams and aquifers.  The SWC recently launched a new tool, “Your Water Your Decision” designed to help organizations and communities highlight their specific water protection needs to local officials and decision makers by creating an original guide containing specific content, photos, contacts and resources for the community or region.

You can learn more at www.yourwateryourdecision.org.




Oregon DEQ Seeks Input on Water Quality Planning in the Upper Klamath and Lost River Subbasins

The DEQ has determined that certain stream segments in the Upper Klamath and Lost River subbasins do not meet state water quality standards.  DEQ has identified water quality problems associated with temperature, nitrogen, phosphorus and biochemical oxygen demand, or “BOD.”  Under the guides of the Federal Clean Water Act, the DEQ has developed a plan to improve water quality by establishing Total Maximum Daily Load (“TMDL”) limits and a Water Quality Management Plan (“WQMP”) for the subbasins.

DEQ released this plan for public review and is currently requesting public comments on the plan.  Additionally, DEQ has scheduled a public meeting on March 16, 2010 at the Klamath Basin Extension Center in Klamath Falls and invites interested members of the public and local government agencies to attend.  The agency will accept public comment on the DRAFT Upper Klamath and Lost River Subbasins Total Maximum Daily Load and Water Quality Management Plan until April 12, 2010.  DEQ has also released a two page fact sheet for public review.

For more information you can contact Steve Kirk, DEQ’s Klamath Basin Coordinator at (541) 633-2023 or at kirk.steve@deq.state.or.us.




2009 Oregon Instream Accomplishments

The Oregon Water Resources Department recently released a fact-sheet detailing the 2009 Instream Accomplishments. According to the Department, Oregon’s instream program leads the nation with leases or transfers of approximately 1,700 cubit feet per second allocated to instream use for “fish and wildlife, recreation, and pollution abatement.” Consequently, the Department also reports that at least 50% of all calls to enforce water right priorities in Oregon have been made to protect these instream rights.




Oregon Legislature Considers Changes to Exempt Well Rules: House Bill 3661

During the 2010 Special Session of the Oregon Legislature, the House Committee on Environment and Water is considering House Bill 3661.  This Bill proposes to change the current ground water exemption statute: ORS 537.545.  Under the Bill, exempt well water use for single domestic purposes would be limited to an amount not more than 5,000 gallons per day.  Currently, the law allows exempt use of 15,000 gallons per day for “single or group domestic purposes.”

The current law allows for an additional separate exemption, “watering any lawn or noncommercial garden not exceeding one-half acre . . .”  Under the proposed legislation, the associated gallon per day limit (i.e. 5,000 gallons per day for single domestic purposes, 15,000 gallons per day for group domestic purposes or 5,000 gallons per day for industrial or commercial purposes) would include any water used for qualifying lawn or noncommercial gardens in addition to other consumption.  Exempt well users would no longer have the ability to stack the ground water exemptions to achieve a larger withdrawal.

Finally, the proposed legislation would allow the Water Resources Commission to require an otherwise exempt well water user to obtain a permit when the source of groundwater has been (1) classified pursuant to ORS 536.340 as to the highest and best use of the water resource, (2) withdrawn from appropriation under ORS 536.410, or (3) designated as a critical ground water area under ORS 537.730.

The amendments contained in HB 3661 would apply to exempt ground water uses under ORS 537.545 initiated on or after the effective date of the law.




New EPA Tolerances for Endothall Residues

The U.S. Environmental Protection Agency announced new regulation, effective December 18, 2009, of the allowable level of endothall residues in or on commodities.  By establishing tolerances for the level of endothall, the EPA has cleared the way for the use of such products in irrigation and livestock watering.

The new tolerances were requested by United Phosphorus, Inc. (“UPI”) who has announced the release two new products, Cascade and Teton, for use in irrigation canal treatments.  These products are designed to help control common pondweed, hydrilla and algae species found in irrigation systems.  UPI called this “the most significant improvement in products approved for control of submerged plants in irrigation canals in the past 40 years.”