Schroeder Law Offices Staff

Oregon Department of Agriculture: Outreach Regarding the Agricultural Water Quality Program

The Oregon Department of Agriculture’s Natural Resources Division hosted meetings this month across Oregon discussing the Department’s agricultural water quality program. At the May 9th meeting, Lisa Hanson, Deputy Director, explained the current status of the water quality program, and sought input from attendees about how the Department can improve the program. Ms. Hanson explained

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As William F. Schroeder Remembers: Stories from a Western Rural Law Practice

As many of you may know, Laura’s father William F. (Bill) Schroeder is an attorney and has been in the general practice of law with an emphasis in speaking, writing, and litigating public land, water, and natural resource issues in the Western United States since before 1960. Mr. Schroeder is rated among his legal peers

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Jerry Erstrom of Vale, Oregon and Willow Creek Piping Project Win 2011 Watsave Award from International Commission on Irrigation and Drainage

We are very pleased to announce that Jerry Erstrom of Vale, Oregon was granted the 2011 Watsave Award by the International Commission on Irrigation and Drainage (ICID) for his work on the Willow Creek Piping Project. The Watsave Award includes a stipend of $2,000. The Willow Creek Piping Project addresses 35,000 acres within the Willow

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Oregon’s Integrated Water Resources Strategy Discussion Draft

On December 22, 2011, Oregon’s Integrated Water Resources Strategy (“IWRS”) Discussion Draft was distributed to the public for review and comment. The Discussion Draft’s purpose is to understand Oregon’s water needs and to articulate a strategy to meet those needs in the future. As outlined in Section 42 of House Bill 3369 (2009), the Oregon

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Renewable Energy Funding Opportunity

On January 20, 2012 the United States Department of Agriculture (“USDA”) issued a news release entitled “USDA Invites Applications for Renewable Energy and Energy Efficiency Projects.” The news release announced that the USDA is seeking applications for energy efficiency and renewable energy projects. Funding for such projects is available through the 2008 Farm Bill. The

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OWRD Director’s Report Addresses Water Conditions

The Director’s Report for the Oregon Water Resources Commission January Meeting breaks down water conditions in the State: “Current Water Conditions: The surface water supply index (SWSI) is a numerical index computed for the 14 major water basins in Oregon. The index ranges from + 4.0 indicating extremely wet conditions to – 4.0 indicting extremely

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Utah to Sue Federal Government for Nearly 19,000 Rights of Way

Revised Statute 2477 was passed by Congress in 1866 and provided an open-ended grant of “the right of way for the construction of highways over public lands, not reserved for public uses.” Commonly called “R.S. 2477,” the statute facilitated most of the transportation routes of the West and remained in effect for 110 years. During

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OWRD Changes Alternative Reservoir Permitting Process

The Oregon Water Resources Department (OWRD) changed its procedure for accepting alternative (small) reservoir applications based on the judicial decision Deborah Noble and David Hillison v. Oregon Water Resources Department (Hillison). Clackamas County Circuit Court, CV-10-01-0159, General Judgment entered January 25, 2011. The Hillison court determined that ORS 537.409, which governs the permitting process for

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Lane County Commissioners Violated Public Meetings Laws

The Oregon Public Meetings laws sets a policy that Oregon government business be conducted in the open and that the public be informed of deliberations, decisions and information underlying those decisions. For those reasons, Oregon Revised Statute (“ORS”) 192.630 provides: “All meetings of the governing body of a public body shall be open to the

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U.S. Supreme Court Decides that Changes in Water Consumption, due to Efficiency Measures, is within Appropriative Rights

On May 2, 2011, the United States Supreme Court decided the case of Montana v. Wyoming (No. 137, Orig.; 2011 WL 1631038). Although the case had to do with an interstate water compact between those states, the court decided the case on general western water law principles. Of particular interest, the Court determined that junior

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Pesticide Applications to Surface Waters: To Permit or Not To Permit, that is the Question

Generally, discharges of pollutants into the waters of the United States require permitting from either the EPA or the State’s authorized permitting process under the Clean Water Act (“CWA”). However, in 2006 the EPA issued a Final Rule which concluded that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) were

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BLM Notice re Information about Public Land Ranchers

In response to a recent ruling by the U.S. District Court for Idaho, the Bureau of Land Management (“BLM”) will be making the names and addresses of grazing permit holders and lessees available to the public via a publicly accessible website.  Personal phone numbers and financial information will not be included.  This change is derived

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Wall Street Journal Reports Obama’s Reconstruction of US Regulatory System

On January 18, 2011, U.S. President Barack Obama signed an executive order titled “Improving Regulation and Regulatory Review.” The Wall Street Journal printed the President’s address concerning the executive order in an article entitled “Toward a 21st Century Regulatory System.” The executive order requires federal agencies to ensure that regulations protecting health, safety and the

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Nevada Supreme Court Issues Opinion in Pyramid Lake Paiute Tribe v. Ricci

On December 16, 2010, the Nevada Supreme Court issued a per curiam opinion, Pyramid Lake Paiute Tribe of Indians v. Ricci, affirming the district court’s order denying judicial review of the State Engineer’s decision to grant Nevada Land and Resource Company, LLC’s (NLRC) change application for water rights in Washoe County’s Dodge Flat Hydrologic Basin.

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