As the 2017 irrigation season approaches, Oregon water permit and certificate holders may want to review the terms of those permitted and certificated uses for measurement and reporting requirements.

Many groundwater permits and certificates require annual reporting of various water measurements, most notably measurements for static water levels of wells, flow meter readings or perhaps critical ground water area measurements depending on where these uses are located.

Measurements are typically due annually but sometimes are required to be tracked monthly and submitted to the Oregon Water Resources Department. These recordings allow the Department to track changes in water levels and depending on varying levels between the years may allow the Department to require users to discontinue or reduce the rate of their water use.

Our office encourages all water users to closely review the terms of their water permits and certificates in order to understand and be responsible for the requirements and meet the terms of these rights of use. We also provide services to clients including review of water permits, certificates and related documents, refer to qualified individuals to take these recording measurements and courtesy reminder letters to our clients.

For more information on water use reporting please visit the Oregon Water Resources Departments website. For more water news and information, keep reading Schroeder Law Offices blog!

by Lisa Kane and Therese Ure

The 2017 Nevada Legislative Session is currently in motion; the 79th legislative session began on February 6th and will continue through June of 2017. Meetings are being held daily by the senate and assembly committees as they review proposed changes to Nevada legislation. There are several already-proposed bills on water law that may affect water rights users in the state (click here for a more comprehensive list), however, a couple of new bills have been introduced in the past week that seek to address different water-related matters.

Assembly Bill 209 (AB 209), proposed by Assemblyman James Oscarson of Nye County, is drafted to address issues with extensions on groundwater rights and forfeiture prevention. The bill seeks to revise provisions concerning water law in the State of Nevada that would require the State Engineer to, under certain circumstances, extend the time necessary to work a forfeiture of certain water rights. The full text for this proposed bill can be found here.

Senate Bill 134 (SB 134), proposed by Senator Pete Goicoechea of Eureka County and Senator Aaron Ford of Clark County, was also newly introduced in the past week and focuses on providing legislative direction to the State Engineer in regards to water applicants and conflicts with existing water rights. Specifically, SB 134 would authorize the State Engineer to determine if such a conflict exists and if so, to impose a monitoring, management and mitigation plan upon applicants whose requested use conflicts with existing rights. The bill also requires that conflicts be eliminated in order for the water use application to be permitted. The full text for this proposed bill can be found here. While the current water law already requires the State Engineer to evaluate and not approve applications that conflict with existing rights, this legislation add the ability to impose monitoring, management, and mitigation plans (aka “3M Plans”) as a way to offset conflicts.

The Nevada State Legislature’s website provides session information as well as bill draft requests, fact sheets, bill text and further information. The Legislature’s calendar also provides links to daily meetings and allows the public to view live sessions across the state. To keep apprised of bill progress or view active work session agendas visit the legislature website at https://www.leg.state.nv.us/App/Calendar/A/.

Oroville Dam is the tallest dam in the country. It is located in the foothills of the Sierra Nevadas, east of Sacramento, California. All of the recent storms and heavy rains have caused the water in the dam to rise rapidly. Last week, a giant hole appeared in the dam’s main spillway. This caused officials to begin releasing water over the emergency spillway, an occurrence that has never happened since the dam was completed in 1968.

Although the dam itself remains intact, the erosion damage to the spillway increases the risk of failure of the structure. If the dam structure fails, an uncontrollable amount of floodwaters will be released, threatening communities below! At least 188,000 people living downstream were ordered to evacuate in the face of this concern. The dam operators have since been able to start slowing the releases from the dam and residents have since be able to return to their homes. However, the National Weather Service has predicted another atmospheric river to strike the area in the next few days, causing ongoing concerns for the fragile dam and downstream residents.

Further, Lake Oroville is the largest reservoir in the California State Water Project. A network of canals and pumping stations carry water from Northern California to the Central Valley, and even as far as Southern California. If that water is lost, communities state wide will feel its effects.

Repairing the current main spillway could cost between $100 million and $200 million, but that amount continues to rise with the additional erosion damage to the emergency spillway. Along with the failure of the dam near Montello Nevada in the north-eastern part of the state on February 8, 2017, this is just another reminder of how precious and necessary our water resources really are.

During the month of January, the Nevada Cattlemen’s Association is hosting a series of workshops around the state regarding grazing permits on federal lands. The Bureau of Land Management and U.S. Forest Service agencies (and other agency representatives) will be giving presentations on their plans to implement land use changes that have been established for managing federal lands.

Materials to be reviewed during the meetings include the January 5, 2015 Order No. 336 by the Secretary of the Interior regarding Rangeland Fire Prevention, Management and Restoration policy and strategies, as well as resource management plans as drafted by the BLM. Attendees are strongly encouraged to review the materials to be informed prior to attending the meetings.

There will be five workshops beginning in mid-January in locations across the state; Nevada. Meetings will be held in Winnemucca, Elko, Ely, Battle Mountain and Fallon, more information regarding location and time can be found below or by contacting the Nevada Cattlemen’s Executive Director, Kaley Sproul, at (775) 738-3214.

• January 17: 2-6:30pm, Winnemucca, Humboldt Coop Extension

• January 18: 2-6:30pm, Elko, Great Basin College (HSCI Room #108)

• January 19: 2-6:30pm, Ely, Bristlecone Convention

• January 20: 2-6:30pm, Battle Mountain, Battle Mountain Civic

• January 21: 12 to 4:30pm, Fallon, Old Post Office

The upcoming 2017 Nevada Legislative Session includes proposed water law changes that could affect water rights users across the state. The 79th legislative session, which starts on February 6, 2017 and ends on June 5, 2017, contains a number of proposed water law changes. It appears there will be four senate bills submitted by the Nevada State Engineer and Nevada Division of Water Resources during the session, as well as five bills from the Nevada Legislative Committee to Study water, and five bills from individual legislators and committees.

The four senate bills to be introduced to the 2017 legislative session that include potential changes to water law in Nevada are as follows: Senate Bill 47 (SB47) proposes various changes to the appropriation of water; Senate Bill 51 (SB51) proposes various changes to the adjudication of vested water rights; and Senate Bills 73 and 74 (SB73 and SB74) propose the revision of various provisions relating to water rights and use in the State of Nevada. Any pre-filed bills, which include the senate bills listed above, are available for public viewing on the Nevada Legislature’s website at https://www.leg.state.nv.us/Session/79th2017/Reports/Prefiled.cfm. By clicking on the link for the proposed bill, users can view the full bill text as introduced to the Senate as well as the bill’s history of hearings or votes as the session moves along. These bills are also referred to the Senate Natural Resources Committee for review.

While proposed bills could bring changes to water law at a statewide level in Nevada, county officials and other local groups are also working to develop local water management plans. The Nevada Farm Bureau, for example, has a collected a group of interested volunteers to participate in a Water Discussion group for water management plans specific to volunteers’ areas around the state. The Bureau also continues to encourage interested parties to contact them for more information regarding such discussion. According to the Pahrump Valley Times, officials in Nye County have conducted studies on a number of wells in the Pahrump Valley that have the potential to go dry. Further, studies are ongoing in the Humboldt River Basin and being conducted by USGS and DRI. It appears scientists are looking to understand the groundwater system better.

Studies such as those being conducted in Nye County will likely continue across the state in preparation for recommendations on approval or denial of the proposed water law changes in Nevada’s 79th Legislative Session in 2017. Counties and hydrographic basins may have different needs based on appropriation and water sources available. The interested public can keep current with session information and the drafting and approval of bills as the session persists at the legislature’s website: https://www.leg.state.nv.us/Session/. County and city papers also continue to publish information regarding more local sessions.

The Nevada Farm Bureau has adopted new and revised policies, which are available in their 2017 Policy Book. The policy positions were approved by farmer/rancher voting delegates at the general session of the 2016 Nevada Farm Bureau Annual Meeting. One important new policy adopted by the Nevada Farm Bureau relates to supporting groundwater management plans for critical management areas.

The Nevada Farm Bureau recognized that under state law, local citizens have an opportunity to propose groundwater management plans in order to bring allocated water rights of use back into balance with actual available water resources. The State Engineer has identified one water basin, Diamond Valley, as a Critical Management Area. This basin is open to Groundwater Management Plans, that can be proposed by local citizens. In the new policy, the Nevada Farm Bureau provides an outline of criteria a management plan must meet in order to obtain support of the Farm Bureau. Some key points, among others, stipulate that the proposed plan must be developed at the local level, must recognize priority of senior water right users, and must restrict the water covered by the plan from leaving the basin.

The Farm Bureau’s goal with the new policy concerning groundwater management plans is to address and provide guidance to possible changes in state water law that may come up in the next legislative session. The Farm Bureau believes this new policy will positively impact farming and ranching industries by protecting its most important resource.

Oregon Legislative Updates

A drought task force, authorized in 2016 by the Oregon Legislature, submitted their year-end report[1] to the Governor in November discussing how Oregon can better anticipate and adapt to increasingly common years of drought. Specifically, the report encourages the State to review the drought declaration process to better assist with drought response, to help communities with preparedness and resiliency, and to evaluate management options for stored water to better address instream and out-of-stream needs.

The Oregon Water Resources Department (“OWRD”) also extended reservations of water for future economic development in the Hood Basin, the Grande Ronde Basin, the Burnt River Basin, the Malheur Basin, and the Owyhee River Basin.         

Governor’s Office Updates

The Governor’s Office’s strategic initiatives for 2017 emphasize investing in water infrastructure to improve resilience and growth. Despite the decreased allocation of money to OWRD from the general fund budget, OWRD anticipates continued investment for development of instream and out-of-stream water supplies and for capital investment in sewage and water systems.

Cannabis Legalization on Water Usage

The passage of Measure 91 in Oregon has led to an increase in cannabis cultivation, part of which requires individuals who were growing cannabis before Measure 91, as well as new cannabis growers, to apply for water rights to irrigate their crop. However, only state water rights, not federal water rights, such as those under a Bureau of Reclamation contract, may be applied to irrigate cannabis. Federal water rights may be used to grow cannabis if the water is delivered from an irrigation district under a Bureau of Reclamation contract and is commingled with water under a state water right. An additional challenge is that water rights to grow cannabis will likely require a year-round water right and not simply a traditional irrigation season water right.

Upcoming Adjudications

With the Klamath Basin adjudication largely completed, OWRD announced it plans to begin adjudication of the Deer Creek Basin east of Roseburg in late 2016. OWRD will also begin two to four small adjudications in the South Coast Basin in late 2016 or early 2017.

Water Rights Auditing in Real Estate Transactions

The first day of the seminar wrapped up with a panel emphasizing the importance of determining the validity and extent of any water right that is part of a real estate transaction. The panel encouraged anyone involved in a transaction that includes water rights to request the files for any associated water rights from the applicable state department, such as OWRD or the Washington State Department of Ecology. This type of analysis is offered by Schroeder Law Offices at a flat fee. We encourage our clients to contact us for this service before any issue arises!

[1] https://www.oregon.gov/owrd/docs/HB4113/Draft_Final_Task_Force_Report_11_1_2016_Final.pdf.

                                Photograph by Maurice Mikkers

Normally, we do not have a positive association with tears – typically, they are released in response to pain, whether physical or emotional. However, some recent photographic artwork can perhaps help reframe our concept of tears as an unexpected source of beauty.

The Dutch scientist Maurice Mikkers prepares images of the crystal structure of different pharmaceutical drugs. He is also an artist. In 2015 Mikkers began to prepare slides of crystalized human tears and to photograph the results. Initially, he was curious to know whether there would be any discernible patterns among the three classes of tears (basal, reflex and emotional) generally recognized by scientists. Basal tears are continuously produced in order to keep the eyes moist, whereas reflex tears are released in response to irritation such as debris or onion juice. No such pattern emerged, yet Mikkers discovered a world of previously undocumented beauty. He has since concluded that tears are as unique as snowflakes.

Rose-Lynn Fisher, an American photographer, has embarked on a similar project. Her remarkable work in this area has been exhibited in California as well as being featured on the  Smithsonian’s website.

Sources consulted :

http://www.telegraph.co.uk/news/science/science-news/12175229/Enough-to-make-you-cry-the-inner-beauty-of-tears-as-they-appear-under-a-microscope.html

https://medium.com/micrograph-stories/imaginarium-of-tears-10263c866ee1#.j4zfw8nd9

http://www.smithsonianmag.com/science-nature/the-microscopic-structures-of-dried-human-tears-180947766/

The U.S. Army Corps of Engineers, Bonneville Power Administration, and the Bureau of Reclamation (“federal agencies”) are engaged in a five year process to analyze the effects of the Federal Columbia River Power System on salmonid species. In May 2016, District Court Judge Michael Simon found the federal agencies had violated the Endangered Species Act and the National Environmental Policy Act.[1] Specifically, Judge Simon said the federal agencies erred in failing to manage the Federal Columbia River Power System with strategies beyond the hydro-mitigation efforts that failed in the past.

Therefore, the Judge ordered the federal agencies to develop a new biological opinion to address: 1) mitigation measures to avoid jeopardy to salmonid species; 2) development of a Biological Opinion that complies with the Endangered Species Act; and 3) development of an Environmental Impact Statement that complies with the National Environmental Policy Act and addresses the impact of the Snake River dams on salmonid species. In his opinion, Judge Simon suggested a proper analysis should include considering breaching, bypassing, or removing the Lower Snake River dams.

The federal agencies will hold public scoping meetings around Washington, Idaho, and Oregon in the next weeks, in addition to two webinars.[2] Written comments will also be accepted until January 17, 2017. The meetings will be held from 4-7 PM as follows:

• November 29th, Boise, Idaho
• December 1st, Seattle, Washington
• December 6th, The Dalles, Oregon
• December 7th, Portland, Oregon
• December 8th, Astoria, Oregon

The scoping meetings are an important way for stakeholders to help the federal agencies narrow the issues and focus on key concerns. After the time period for the scoping meetings, the federal agencies will prepare a draft environmental impact statement that will be available for public comment.[3] The federal agencies must respond to all substantive comments on the draft environmental impact statement.

It is recommended that parties interested in the outcome of the federal agencies’ decision attend a scoping meeting and make comments. If an interested party later wants to challenge the federal agencies’ decision that a certain alternative should have been analyzed in the NEPA document, the court may not hear the concern.

Written comments may be made in person at one of the scoping meetings, submitted via mail, via email, or through the federal agencies’ online portal. Information about how to submit such comments is available at www.crso.info. 

[1] Nat’l Wildlife Federation v. Nat’l Marine Fisheries Serv., 2016 U.S. Dist. LEXIS 59195 (D. Or. 2016).

[2] www.crso.info

[3] 40 C.F.R § 1502.9

The Nevada Division of Environmental Protection (“NDEP”) has been evaluating nonpoint source water pollution, occurring when rain, snowmelt and irrigated water flowing over developed land carries contaminants into Nevada waterways. Accordingly, NDEP implemented a Nonpoint Source Grant Program to provide funding to qualifying state, regional and county agencies, as well as conservation districts and nonprofit agencies. These programs aim to improve water quality, educate the public about nonpoint source pollution and to implement watershed improvement plans.

The NDEP reviewed requests for proposals (“RFP”) during 2016 and has selected 12 projects to award grant funding. The proposed plans will aim to reduce pollution impact from nonpoint sources. The funds originate from a US Environmental Protection Agency grant awarded by the Clean Water Act. Additional grant funding is expected to be awarded through a 2017 RFP process during 2017.

If you would like to learn more about the Grant Program, or to see a list of the projects that have been awarded grants for the 2016 year, please visit http://ndep.nv.gov/bwqp/file/319h_rfp/2016PojectsFunded.pdf.

The International Commission on Irrigation and Draining (ICID) hosted the World Irrigation Forum (WIF) in Chiang Mai, Thailand. The 2016 conference serves as the second annual forum.

The intent of the World Irrigation Forum is to bring together all stakeholders in order to provide a platform for the world irrigation community to work to find solutions to the problems the irrigation community faces. Some of the stakeholders involved include policy makers, experts, research institutions, non-governmental organizations, and farms. The most prevalent issues the forum addresses are the depleting freshwater resources due to global warming and climate change as well as the idea of population growth in relation to food security. Through the forum, the ICID hopes to gain sustainable solution to water management for agriculture.

The World Irrigation Forum’s theme for 2016 was “Water Management in a Changing World: Role of Irrigation in Sustainable Food Production.” Under the main theme were three different sub-themes: (i) Key actors in balancing water, food, energy, and ecology, (ii) Management of climatic extremes with focus on floods and droughts, and (iii) Key and smart actions to alleviate hunger and poverty through irrigation and drainage.

The process of being selected to present at this event is a lengthy grueling process which includes multiple drafting and reviewing sessions. The abstracts and papers are viewed by a highly qualified committee which determine the selected papers for presentation. Laura and Therese both had the honor of participating in the Forum! Laura Schroeder was able to lead a presentation titled “Innovative Partnerships v. the Tragedy of the Commons” while Therese Ure was able to present a poster on “Securing Water Available for Irrigation in Times of Drought Must Move beyond Traditional Above Ground Storage Reservoirs.”

Washoe County is hosting a public forum to discuss the Public Lands Bill on Wednesday, November 2, 2016 from 4:30 pm – 7:00 pm at the Reno Sparks Convention Center. A few of the main priorities of the bill include:

• Make certain federal lands available for future economic development opportunities
• Expand recreational opportunities to include parks, trails, and open space
• Create opportunities for local jurisdictions to acquire federal lands
• Create new wilderness areas and provide funding for habitat restoration and conservation

Please see the following maps of the proposed areas surrounding the greater Reno-Sparks area to be transferred out of federal ownership:

Map 1: https://www.washoecounty.us/csd/files/Files/Land_Bill_8-16_Disp_Boundary.pdf
Map 2: https://www.washoecounty.us/csd/files/Files/Land_Bill_8-16_Transfer_Req.pdf

For more information relating to the maps of the proposed areas: https://www.washoecounty.us/csd/planning_and_development/conservation-act.php

If you are interested in participating in or attending the public forum, please see the information below:

For more information relating to the Public Lands Bill or the Public Forum, please contact the following Washoe County representative:
Scott Oxarart
soxarart@washoecounty.us
775-328-2068

Original news release: https://www.washoecounty.us/outreach/2016/10/2016-10-26-public-lands-bill.php

The American Water Works Association (AWWA), Pacific Northwest Section’s October meeting focused on seismic resiliency and emergency preparedness by discussing strategies implemented by the Willamette Water Supply Program in building a water delivery system that should withstand a disaster.

The meeting emphasized the importance of building a water supply distribution system on soils that will be less prone to shifting when a disaster, such as an earthquake, strikes. Discussion also ensued relating to a new type of water supply pipe that can withstand ground motion and deformation.

The presentation encouraged all entities in the water delivery sector, no matter at what stage in the water supply distribution process they are involved, to prepare a disaster plan and to develop infrastructure in a way that will withstand the forces of a disaster with minimal damage.

In attending this meeting, it was evident how important it can be to look at not only the minor legal aspects of a client’s current issue, but also to understand and know how the client operates their system. Knowing and understanding the “Big Picture” will allow us to engage in discussions on seismic resiliency and disaster preparedness for our purveyor clients.

Due to recent crackdowns by the State Engineer in Nevada regarding both forfeitures and cancellations of groundwater rights not in full use, it is important to keep records of your water use.  One method to show use is by recording your meter readings.  This is important both for permitted wells and certificated wells respectively, to provide evidence to support a Proof of Beneficial Use as well as evidence of continued use.^[1]

Many groundwater permits/certificates require monthly, quarterly, or annual reporting to the Nevada Division of Water Resources.  If your use so requires recording and reporting, make sure you meet your specified deadlines to file your meter reading reports.  If your wells are not metered, please be sure to verify whether you are required to maintain a meter.  We predict that nearly all wells in Nevada will eventually require metering.

Schroeder Law Offices provides a routine monthly meter reading reminder email as a service to our clients.  If you are a client of ours and wish to receive a monthly meter reading reminder, please request to be added to the “Well Meter Reminder” list by emailing request to counsel@water-law.com.

^[1] Attorney Therese Ure assisted in the drafting of the legal issues discussed in this blog.

The Montana Supreme Court recently issued its decision in the long fraught dispute about exempt groundwater wells. The ruling by the Montana Supreme Court in The Clark Fork Coalition v. Tubbs, will protect the rights of senior water users from exempt groundwater wells that often deplete the amount of available surface water.[1]

The Montana Water Use Act exempts certain groundwater appropriations from the state’s permitting process if the groundwater appropriation pumps below a certain threshold and is applied to a limited area. This type of exemption is common in water use acts in other states, including Oregon and Nevada. However, Montana’s Water Use Act has an exception to the exemption, which requires a permit for any “combined appropriation” from the same source by multiple wells that exceeds 10 acre-feet per year.[2]

In 1993 the Montana Department of Natural Resources and Conservation (“DNRC”) amended its 1987 administrative rule, interpreting the term “combined appropriation” within the Water Use Act’s exception to the exemption. The DNRC’s 1993 rule (the rule in effect through the deciding of this case) stated “combined appropriation” means “groundwater developments, that are physically manifold into the same system.”[3] In application, this rule allowed groundwater wells to be drilled and as long as the appropriator did not connect the wells, even though the wells drew water from the same source, the appropriator could avoid obtaining permits for the wells and could end up appropriating a limitless amount of water from the same source.

The Montana Supreme Court determined the DNRC’s rule interpreting the term “combined appropriation” in the Montana Water Use Act improperly allowed these infinite withdrawals from the same source. The Montana Supreme Court recognized that the purpose of the Montana Water Use Act is to protect senior water right users from appropriation by junior water right users when there is not enough water physically available. Therefore, the Montana Supreme Court invalidated the 1993 rule and determined the DNRC must issue a new rule reflecting the need to recognize the effect that multiple wells drawing from the same source have on other water appropriators.

Many states, like Montana, have exemptions that allow groundwater wells to be drilled for specific purposes without going through any sort of permitting process to determine if the well will have an effect on water availability in the region. Additionally, many states, Nevada being one, continue to manage groundwater and surface water as two separate systems, rather than through conjunctive management. The failure to recognize the interconnectedness of groundwater and surface water and the cumulative effect of exempt wells on water availability in a region leads to over appropriation and fails to protect senior appropriators.

Conjunctive management is continuing to gain more traction; however, there is still much discussion about how states can implement this new management approach. Schroeder Law Offices Shareholder Therese Ure will be adding her voice to the conversation at the International Commission on Irrigation and Drainage’s World Irrigation Forum in Thailand, November 6th – 12th. Attorney Ure’s paper that was accepted for the Forum discusses Nevada’s failure to conjunctively manage its groundwater and surface water systems, including the effects of mine dewatering in such a disjunctive system and suggestions for creating a “dynamic” system of water management.

Make sure to stay tuned to Schroeder Law Offices’ Water Blog for more news about the upcoming World Irrigation Forum!

[1] The Clark Fork Coalition v. Tubbs, 2016 MT 229 (Mont. 2016).

[2] Mont. Code Ann. 85-2-306(3)(a)(iii).

[3] Admin R. M. 36.12.101(13) (1993).

On October 13, 2016, the Nevada Division of Water Resources (“NDWR”) provided notice that a new Application for Extension of Time form must be used when requesting an extension of time for the submission of a Proof of Completion of Work, Proof of Beneficial Use or Cultural Map.

It appears that NDWR is placing more emphasis on the section explaining the reason why the extension is being requested. The instructions sheet accompanying the Extension Request now states that the applicant must highlight progress made during the previous year, and must also “submit any proof and evidence that documents reasonable diligence.” Thus it is important to document what you have been doing on your project to prove up on your rights as well as keep records and documents showing your progress (ie – well driller receipt, pump, pipe, or other infrastructure purchase receipts, photographs with infrastructure installation (include the date, time, and place), and log books of you contact with agency personnel if your project involves working with other state or federal agencies).

Please keep this in mind when preparing an Application for Extension of Time. It appears the NDWR is cracking down and no longer “rubber stamping” approval on application requests.  You don’t want a request for an extension of time denied for lack of proof of due diligence! To view the new Application for Extension of Time form, please visit the NDWR’s website at http://water.nv.gov.

Like many Portlanders, I enjoy visiting OMSI whenever I get the chance – whether to see my favorites among the permanent exhibits or to be surprised by new attractions. Some years ago, I viewed a temporary installation that showcased a number of low cost, innovative technologies whose aim is to alleviate the burdens of water hauling and purification that often plague remote, disadvantaged communities. In this blog post I would like to highlight two innovations whose simple design belie their powerful impact on providing clean drinking water.

Women and children are often tasked with fetching water in poor rural areas while the men are engaged in gainful employment away from home. It is not unusual for women to balance loads on their heads where the absence of pack animals, back packs or push carts necessitates it. Naturally, this severely limits how much they can carry in a single trip. When children are responsible for fetching water, this can result in their having to miss school, since the journey to and from a water source can sometimes consume the better part of a day.

The Hippo Roller was developed by a South African design team. It’s simple, durable design has won a number of international awards since its creation in 1991. The carrier consists of a 24 gallon polyethylene barrel which can be either pushed or dragged by its metal handle across rough terrain.Since effort is applied to spinning the barrel around its metal axis instead of carrying it, the Hippo’s effective weight is reduced to just 10lbs, even when filled to capacity. A single person, even a child, can therefore carry more water in a single trip, while simultaneously reducing the frequency with which water needs to be fetched. Currently, 49,000 Hippo Rollers are in use around the world.

The Watercone desalination still is another low cost innovation that has garnered plaudits for its remarkable economy of design which essentially relies on sunlight and clear plastic to harvest fresh water. More surprisingly yet perhaps, its striking look has also attracted the attention of the art world : the Watercone has been exhibited at both MoMA NY and the Centre Pompidou in Paris. The still works by pouring salt or brackish water into the round, black dish that forms the bottom of the assembly. A transparent plastic cone is then set inside the rim of the dish and left in the sun for as long as possible. Evaporation distills the water, which condenses on the sides of the cone. When the cone is inverted, the now drinkable water can be drained into a container for use. Depending of the number of hours of sunlight available, the WaterCone can produce anywhere from 0.26-0.45 gallons of fresh water a day.

While one might be tempted to think of design as an optional luxury that adds beauty to one’s surroundings, the Hippo Roller and Watercone demonstrate how engineering acumen and design together can effect powerful change in communities that need it most.

The Lander County Commission (“LCCD”) is funding a program for sage grouse enhancement projects and is currently looking for land owners that reside in Lander County (not just ranchers) to participate in a sage grouse project. 

LCCD first received funding for the project in 2014 when they were granted $50,000 to begin projects benefitting the sage grouse habitat.  In 2015 and 2016 they were granted another $20,000 per year and are seeking volunteers to participate in projects like riparian enclosures, water development, drift fencing, pinion pine removal, seeding, fire rehabilitation, spring boxes, and troughs to benefit the sage grouse habitat.

The deadline to apply for 2016 project completion is October 20th, with the goal of awarding the project in October for it to be completed this year and allow the birds to take advantage of its benefits by spring 2017.  To apply, contact the University of Nevada, Reno’s Lander County Cooperative Extension office at (775) 635-5565, or apply in person at 815 N. Second Street in Battle Mountain, NV. 

While October 20th will remain the deadline for 2016 projects, they will be accepting applications even after the deadline for future project consideration and are open to innovative ideas.

Last month, attorney Sarah Liljefelt organized a tour of the Whooshh Innovations fish passage structure constructed for the Washington Department of Fish and Wildlife on the Washougal River. Members of the Oregon State Bar Environmental and Natural Resources Section attended, including attorneys in private practice, working for the State of Oregon, and public interest.

Whooshh has patented new technology that propels fish through a rubber tube fish canon from one location to another in mere seconds, be the end result a truck to haul fish, or to the other side of a dam as a new type of fish passage. Studies have shown that stress on the fish is lesser in the Whooshh system than traditional fish passage, and the cost is only a fraction of renovating a dam for traditional fish passage.

Check out videos of the Whooshh system (and fish flying through the system) at Whooshh’s website: http://www.whooshh.com/.

Stay tuned to Schroeder Law Offices’ Water Law Blog for more news!

Junior Partner Sarah Liljefelt was recently admitted to the Utah State Bar, making her eligible to practice law in Utah.  Liljefelt is the first attorney with Schroeder Law Offices barred in the state of Utah! In October, Shareholder Laura Schroeder will join Liljefelt in admittance to Utah State Bar.

Utah water law adheres to the Doctrine of Prior Appropriation, which is similar to other states where Schroeder Law Offices practices. Our firm is always looking for more ways to help those dealing with the nuanced and at times confusing world of water law, so expansion to the state of Utah just made sense.

Attorneys at Schroeder Law Offices are currently admitted to practice law in the states of Oregon, Nevada, Washington, California, Idaho, and Utah. With more bar admissions comes more opportunities to provide help to those in need of counsel.

Congratulations to Sarah Liljefelt and an exciting new chapter for Schroeder Law Offices!