Countdown to World Water Day 2014: 66 days!

World Water Day 2014 focuses on the relationship between water and energy.  The United Nations-Water and United Nations-Energy programs within the United Nations System are working with the UN’s Member States and other stakeholders to highlight the interconnected nature of water and energy.  Specifically, water is required to generate different forms of energy and energy is required to transport and treat water for consumption.  The UN’s goal is to contribute to policy discussions related to the water-energy relationship and determine meaningful ways for UN participation in development of water-energy programs to achieve economic and social benefits.

Please join Schroeder Law Offices in celebrating World Water Day 2014!

Additional information on the UN World Water Day 2014 may be found by following the link below:

http://www.unwater.org/worldwaterday/about-world-water-day/world-water-day-2014-water-and-energy/en/

Senator Doug Whitsett”s recent e-newsletter provides some insight into EPA’s proposed rule concerning Clean Water Act Jurisdiction.  Read more here.

We, as well as many water right permit holders and Certified Water Right Examiners, have had October 1st circled in red on our calendars for many years. Historically, the Oregon Water Resources Department (“OWRD”) has set the deadline for Permittees to complete perfection of their water right on October 1^st of the applicable year and the corresponding statutorily set deadline to submit the Claim of Beneficial Use (“COBU”) deadline the following year. Consequently, in our office, the weeks and months leading up to October 1^st have typically been marked by a flurry of activity to assist our clients and consultants in complying with or extending these completion and COBU deadlines.

However, in 2008 OWRD changed the deadline language in water right permits to require completion five years from the date of permit issuance, which means October 1, 2014, and every subsequent October 1, will be just another normal day in the water rights world! We encourage you to take a fresh look at any permits issued since 2008 to confirm completion and COBU deadlines.

Additionally, as many of you may know, OWRD updated its COBU form in July of 2013. Most notably a submission fee will now be charged for COBUs for transfers with a priority date after  July 8, 1987. Take care to ensure you are using the most current version! Should you be looking for these forms on OWRD’s website, please note that they have been relocated to a special CWRE section per the link below:

http://www.oregon.gov/owrd/pages/wr/cwre_info.aspx#Claim_of_Beneficial_Use_Forms_and_Completeness_Checklist

Good luck with today’s deadlines and remember “We do everything water!”

Our office often receives questions from clients regarding the availability of water in a particular area.  The Oregon Water Resources Department has a search engine that we often use to get started on this type of research.

To access the search engine use the following link:

http://apps.wrd.state.or.us/apps/misc/lkp_trsqq_features/default.aspx.

Enter the latitude and longitude or address for the parcel you would like to research. The search will generate a report outlining the basin and sub-basin, as well as Wild & Scenic designation, whether minimum stream flows are instituted, and other useful information. Use the basin and sub-basin designation to look up applicable regulations in the Oregon Administrative Rules, Chapter 690, Divisions 502 et. seq., available at: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_690/690_tofc.html. 

Sometimes the search generates codes, which may require a call to the Department to decipher.  The report may also link to information regarding what times of year water use is allowed or restricted.

The search engine is one of several tools to determine whether water is available for appropriation. Give us a call if you have further questions about water availability in your area, and be sure to stay tuned to the Schroeder Law Offices Water Blog for more information that may affect your water use!

Oregon Public Broadcasting (“OPB”) News recently featured a brief story on the Oregon Natural Desert Association’s (“ONDA”) agreement with a rancher in the Bend, Oregon area.

The agreement allows for retirement of a nearly 3,000 acre federal grazing permit. Typically, the law requires retired permits to be reissued; however this particular allotment falls under a land management plan that provides for the voluntary retirement of grazing permits without re-issuance to the next preference holder. Thus, this grazing permit will remain retired for the duration of the management plan, which is about ten years.

This story evidences the continuing conflict that surrounds the use and management of Federal lands. While this story is about voluntary retirement of a grazing permit and not a cancellation, it highlights the influence that special interest groups are attempting to gain in this regulatory arena.

Click here to view the original OBP News story: http://news.opb.org/article/14357-onda-reaches-agreement-retire-3000-acre-grazing-permit-near-bend/

USG Oregon, LLC, a subsidiary of U.S. Geothermal, Inc., has acquired two geothermal mineral ownership interests in the Neal Hot Springs Project in Eastern Oregon.  USG Oregon now holds significant mineral ownership interests in the Neal Hot Springs geothermal reservoir.  The lands to which the mineral interests are appurtenant currently have two existing production wells and there are plans for new production and injection wells.  USG Oregon’s current plans predict development of 26MW of power production.  For additional information please see the articles linked below.

http://www.usgeothermal.com/NealHotSpringProject.aspx

http://thinkgeoenergy.com/archives/5092

During the next two years, OWRD and other Oregon state government agencies will be closed on the following Fridays:

• October 16, 2009

• November 27, 2009

• March 19, 2010

• April 16, 2010

• June 18, 2010

• August 20, 2010

• September 17, 2010

• November 26, 2010

• March 18, 2011

• May 20, 2011