On June 29, 2015 the Environmental Protection Agency (“EPA”) published a new rule under the Clean Water Act, re-defining “Waters of the United States,” and sought to expand federal jurisdiction over certain water sources. The new rule was set to go into effect on August 28, 2015. Due to the implications and potential effect the […]
Court Grants Injunction to EPA Rule Read More »
On August 27, 2015, the USDA unveiled a new plan to help conserve sage grouse habitat, and which many hope will keep the greater sage grouse from being listed under the Endangered Species Act. Agriculture Secretary Tom Vislack announced a four-year plan that will invest $211 Million in conservation funds to help build and preserve
USDA Unveils $211 Million Sage Grouse Conservation Plan Read More »
During the 2015 Nevada Legislative Session, Assembly Bill 435 passed by the Legislature. On May 27, 2015, AB 435 was signed into law by Governor Sandoval. This bill adds a new Judicial District to Nevada, and reorganizes the counties which make up certain Judicial Districts. The Sixth Judicial District Court, currently encompassing Pershing, Humboldt, and
Assembly Bill 435 and the Humboldt River Decree Court Read More »
The Nevada Drought Forum announces its first meeting schedule. The Nevada Drought Forum was established by Governor Sandoval to assess and monitor the drought in Nevada, identify conservation practices and policy needs, and make recommendations to the Governor. The Forum seeks to evaluate drought findings and provide input on future steps in the form of
Nevada Drought Forum Announces Meeting Schedule Read More »
By Derek Bradley Most municipalities have water use permits reserved for their current needs and projected future growth, typically in the form of one or more municipal water rights of use or permits. These water use permits have timelines for the cities to fully develop the beneficial use entitlement. Based on current population and use,
Fish Persistence and Municipal Water: Oregon SB 712 Read More »
The April issue of Nevada Lawyer Magazine focuses on Agriculture Law. Matthew Curti, along with attorney Linda Bullen, authored an article about the importance of submitting comments to Environmental Protection Agency (EPA) rulemaking, as well as National Environmental Policy Act (NEPA) draft Environmental Impact Statements (EIS). The article provides an overview of the commenting process,
EPA Rulemaking and NEPA Draft EIS Comments Read More »
On February 3, 2015, the Nevada State Engineer issued Order 1250 curtailing 50% of all supplemental groundwater pumping for irrigation in both Mason and Smith Valleys. This action by the Nevada State Engineer was the first time curtailment of this magnitude has taken place in Nevada. Order 1250 determined supplemental groundwater use for irrigation to
Judge Grants Temporary Injunction on Mason and Smith Valley Curtailment Read More »
On March 27th, 2015, California Governor Edmund G. Brown signed into law a $1 Billion emergency drought package. The emergency legislation (AB 91 and 92) provides funding for drought relief as well as to critical water projects in the state. Governor Brown states that “[t]his funding is just one piece of [a] much larger effort
New Provisions to Combat Ongoing Drought in California 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 »
On February 5, 2015, the Oregon Supreme Court dismissed the petition for review of the Court of Appeal’s decision interpreting ORS 537.230(2), simply stating, “The petition for review is dismissed as improvidently allowed.” On December 11, 2013, the Oregon Court of Appeals issued a ruling interpreting ORS 537.230(2), prescribing conditions for the Oregon Water Resources
March 8th through March 14, 2015 is National Groundwater Awareness Week. Protecting groundwater is essential to human life, and spreading awareness of this resource has gained national attention. Underground water is a primary resource for providing drinking water as well as providing the necessary life force for crop and food production. To learn more, consider
2015 National Groundwater Awareness Week is Coming Up! Read More »
The 2015 legislative session is underway, and on the docket are two Bill Draft Requests (“BDRs”) related to water rights and water resource management. While these BDRs are likely to change significantly throughout the legislative session, below is a brief summary of their contents. Senate Bill 65 (SB65) proposes changes to the procedure for adjudicating
The 2015 Nevada Legislative Session “Water” Bills Read More »
At 12:15 PM today, Oregon Governor John Kitzhaber announced his resignation, effective Wednesday, February 18, 2015 at 10:00 AM. Kitzhaber’s resignation is the first time in Oregon history that a Governor has resigned amid active criminal and ethical investigations. Secretary of State Kate Brown will assume the office of Governor, and will hold office at
Oregon Governor John Kitzhaber Resigns Read More »
On February 5, 2015, the Nevada State Engineer issued Order Number 1251 concerning metering requirements for owners of underground water rights within the Humboldt River Basin Hydrographic Region. The Nevada State Engineer determined it is in the public interest to assign metering requirements in order to protect underground water within the Humboldt River Basin. Order
Humboldt River Metering Order Issued by Nevada State Engineer Read More »
Schroeder Law Offices, P.C. is pleased to present the Oregon Irrigation District Election Manual. This manual provides an overview of the Irrigation District election process, and presents timelines and special considerations involved in regular and special elections. This manual includes the topics of: Elector Voting Rights Director Qualifications Director Nominations Voting by Mail Pre-election Procedures
Oregon Irrigation District Election Manual Read More »
On May 12, 2015 the Nevada State Engineer will begin taking Proofs of Appropriation to determine the rights to the waters of Honey Lake Valley and Skedaddle Creek Valley and its tributaries. On November 14, 2014, the State Engineer gave notice, through Order Number 1237, of the commencement of taking proofs of appropriation in Honey
On December 31, 2014, the Oregon Court of Appeals decided WaterWatch of Oregon Inc., v. Water Resources Department, 268 Or. App. 187 (2014). The Court of Appeals reviewed three final orders for extensions of time for municipal water permits in the Clackamas River. After contested case hearings, the Water Resources department granted the extensions, subject to fish persistence
Fish Persistence in Municipal Water Permit Extensions Read More »
For many years, California was the only Western State not regulating groundwater pumping. However, they are now faced with adjusting to a new system of groundwater use. On September 16, 2014, California’s Governor Jerry Brown signed legislation limiting underground water use by commercial and residential users. The new regulations take effect in January 2015 tasking
California Will Have Regulations on Groundwater Pumping Read More »
Oregon follows the Prior Appropriation principle for water use. The guiding principle of the Prior Appropriation Doctrine is “first in time, first in right.” Thus, water users with earlier priority dates may have their water use rights satisfied before junior water users, or may even require junior users to cease diversions, if there is not
Earlier this month, the Oregon Water Resources Department announced in this press release that the Department would be submitting a second notice of proposed rulemaking, holding a second public hearing, and extending the comment period for proposed rules that grant preference for “human consumption” and “stockwatering” uses following the Governor’s declaration of a drought. The
Klamath County Drought: Extension of Comment Period for Rulemaking Read More »
