Schroeder Law Offices Staff

The Attorney General’s Government Transparency Initiative & Your Water Right Files

On October 7, 2010 the Oregon Attorney General’s Office released a report discussing the problem areas inhibiting full and meaningful government transparency. The report identifies four areas of particular concern – 1) timelines for responding to public records requests, 2) fees, 3) exemptions, and 4) public meetings – and recommends actions to the Oregon Legislature […]

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Laura Schroeder to Present at Oregon State University on October 13, 2010

This Wednesday, October 13th, Laura Schroeder will speak to Oregon State University’s Water Resources Graduate Program during the Water Resources Seminar Series. Laura will address “Municipal Water Permitting in an Era of Change: Legal Structures and Policy Trajectories.” Under the traditional requirements of western water law, an appropriator must divert water, put it to beneficial

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Fallon Meeting to Address Allocation Reductions

Tired of entities and governments chipping away at your Newlands Project water rights? Schroeder Law Offices will host an informational meeting for water users in the Newlands Project. The meeting will address reduced water allocations pursuant to OCAP regulations governing the Truckee Carson Irrigation District. These reductions may be actionable in court as a breach

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New Focus for Evaluating Extension Applications

By Lynn Steyaert  At the end of last year, the Nevada Division of Water Resources issued a bulletin to water right professionals notifying them that the Division will be refocusing its review of applications for extension of time for proof of completion of works or extensions of time for proof of beneficial use.  NRS 533.380(3) precludes

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Domestic and Stock Water Claims in Northern Idaho Adjudication

By Laura Schroeder and Lynn Steyaert The commencement hearing for the Northern Idaho Adjudication (NIA) is set for August 28, 2008. The State of Idaho has petitioned the court to approve a process for deferring the adjudication of small domestic and stock water use rights.  If approved, small domestic and stock water users may elect to

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USGS Report Focuses on Nation’s Ground Water Supply

The U.S. Geological Survey (USGS) recently released a new report entitled “Ground-Water Availability in the United States.”  The article is written for a broad range of audiences which makes an interesting read for anyone interested in what scientists know (and don’t know) about the nation’s groundwater supply.  In addition, comprehensive maps and diagrams illustrate the

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New Mexico Rules State Engineer Required to Closely Review Applications for Exempt Wells

Recently, a New Mexico court ruled that the State Engineer is required to review all new applications for exempt domestic wells.  Prior to the ruling, those drilling exempt wells were merely required to file for a “permit” that would be automatically approved by the State Engineer.  The recent ruling requires the State Engineer to review

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EPA Reaffirms Clean Water Permits Not Needed for Water Transfers

(June, 9th 2008) Today the Environmental Protection Agency (EPA) announced a new rule excluding transfers of water from one body of water to another from the permitting requirements of the National Pollutant Discharge Elimination System (NPDES).  The new rule stipulates that water transfer activities that do not introduce pollutants into transferred water will not be subject to NPDES regulations.  The rule defines

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OWRD Agrees to Address Well Alteration Concerns

The Oregon Water Resources Department (OWRD) committed to initiate a rulemaking to address concerns by well drillers and contractors over potential liability for well alterations under current OWRD policy. OWRD’s historic policy allowed well alterations without automatically requiring that the entire well be brought up to current construction standards.  However, recent Department policy now requires

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OWRD Legislative Concepts: Part 4

The next topic in the OWRD legislative concepts discussion is the creation of a water development fund. OWRD discussed updating statutory language found in ORS 541.700-541.855 addressing financial aid to communities constructing water supply projects. OWRC members expressed some concern with this item because it involved project funding. Director Ward suggested that discussion of monitory

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OWRD Legislative Concepts: Part 3

Good morning! The third part in my series of posts addresses some proposed changes to irrigation district transfer rules. Currently, when an individual transfers the place of use of a water right any supplemental rights must be transferred with it or canceled. However, the statutes controlling irrigation districts do not explicitly allow for transfer of

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OWRD Legislative Concepts: Part 2

The second topic addressed during the OWRC teleconference was modifying language pertaining to statewide mitigation banks. OWRD wants to modify statutory language to give itself explicit authority to create statewide mitigation banks. These mitigation banks can be used to offset effects of new water supply projects. This proposed statutory change drew a few comments from

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