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.”

The Oregon Department of Environmental Quality recently released a memo detailing the fiscal outlook for Oregon’s Clean Water State Revolving Fund (CWSRF) Loan Program.  Since the CWSRF Loan Program was established in 1990, the DEQ has made low interest loans totaling more than $750 million to eligible projects.  Congress increased CWSRF loan program funding for fiscal year 2010 and Oregon’s share should come to about $23 million.  Additionally, the jobs creation bill currently in Congress would, if signed in its current form, provide an estimated $11 million in additional funding for Oregon’s CWSRF loan program.

The loan program targets various water quality improvement projects such as wastewater and sewer upgrades, irrigation system improvements, riparian habitat restoration and water quality monitoring.  Entities eligible to receive the low interest CWSRF loans include, but are not limited to, cities, counties, irrigation districts, and soil and water conservation districts.  DEQ accepts and processes applications year-round and those interested in more information should contact the DEQ CWSRF regional Project Officer (listed at the end of the DEQ memo).

The 2009 Oregon Legislative Highlights, a Continuing Legal Education publication of the Oregon State Bar, is now available for purchase.  The publication provides summaries of hundreds of bills impacting nearly every area of law, such as commercial and consumer law, land use law, and environmental and natural resources law.  While much of the 2009 legislation is already in effect, some laws are slated to take effect on January 1, 2010 and now is a great time to make sure that you are aware of any new laws that may impact you or your business.

Please contact our office if you have any specific concerns about how any new legislation may impact you.  The Public Affairs Department at the Oregon State Bar can provide additional information on this publication at pubaff@osbar.org or (503) 431-6376 and you may also order this, or other publications, online.

On December 12th Laura Schroeder, along with Brent Keith, presented a 5-hour Advanced Water Law Academy in Bend, Oregon.  Held just prior to the opening of the Oregon Cattlemen’s Association Annual Convention and Trade Show, the interaction with attendees proved to be both educational and entertaining.  During the Academy presentation, materials and topics covered were tailored to the interests of the attendees.  The Bend group showed a special interest in federal control of water and federal legislation impacting water resources.

Nearly every attendee left with a Water Rights Authorization Packet and a Gift Certificate good for one hour of free consultation.  Under the Water Rights Authorization Packet, for $375 Schroeder Law will submit a specific public records request and pull all water rights files in the area designated to provide a full electronic copy of OWRD official files. Email Ms. Daryl Cole at d.cole@water-law.com to obtain a Water Rights Authorization Packet.

The Agricultural Law Section of the Oregon State Bar recently released its 2009 Legislative Report.  The report covers a wide range of legislative developments impacting agricultural interests such as an increase in Oregon state gas tax and title fees, a field burning ban for most of the Willamette Valley, and a bill allowing for utility citing on exclusive farm use land.  The report also highlights several bills related to well drilling, the creation of an Integrated Water Resources Strategy in Oregon and changes to the fees charged by the Oregon Water Resources Department.

For more information about any of these items or other items included in the  report, contact our office or follow this link to the 2009 Agricultural Law Section Legislative Report.

To get a working basic knowledge of water law in Oregon, consider attending a Water Law Bootcamp. Laura Schroeder teaches an all day educational water law seminar for free. The sponsoring organization, usually Water for Life, provides coffee and lunch and charges less than 25% of other similar continuing education accredited seminars.

As a former educator with a major in Theatre, Laura makes the day not only educational, but fun and entertaining! The day is filled with information on the history of water law; the prior appropriation doctrine; obtaining permits, extensions, transfers, and certificates; avoiding forfeiture and abandonment; and general due diligence tips related to water marketing.

The Oregon Water Resources Department recently announced that the Department has $1.6 million available for funding under the Water Conservation, Reuse and Storage Grant Program.  Under the Program, OWRD will match up to $500,000 in funding from another source for each project.  The intent of the Program is to encourage feasibility studies and environmental analysis to investigate “innovative water conservation and reuse programs and environmentally sound storage projects.”  Applications are due September 1, 2008, and to be eligible applicants must have funding from a source other than the Program secured or in the process of being secured.  The Oregon Legislature established the Program in SB 1069 during the 2008 Session.

Storage capacity is obviously an important aspect of any municipal or domestic water supplier’s system. Increased storage capacity does any number of things for a water provider, including reducing the strain on equipment during summer peak demand times, increasing a water provider’s day-to-day flexibility, and providing for water during times of emergency.

We recently attended the ground breaking ceremony for South Fork Water Board’s new 2 million gallon reservoir. The excavation equipment was truly impressive, and the project should be fun to watch as it progresses over the summer. Present at the ceremony were South Fork Water Board Chair and West Linn Mayor Norm King, South Fork Water Board Vice-Chair and Oregon City Mayor Alice Norris, South Fork Water Board General Manager John Collins and staff, and the engineers, consultants and contractors overseeing and constructing the project.

In the world of water law, we often receive calls from clients and potential clients that live many miles away from our Portland office, and sometimes hundreds of miles from the nearest major airport. In many cases, a site visit to the client’s land is necessary to get a lay of the land, or a sense of the facts on the ground. But the reality is that a site visit isn’t always practical right away. In those cases, a resource like Google Earth can be invaluable. And when the land you are looking for is far away from any urban center, a little tool that we found at www.earthpoint.us is a great time saver. With Earth Point you can enter a Township and Range and it will fly you the appropriate place on Google Earth. There are also some other options on the site that look equally useful.