Therese Ure Stix

Rights-of Way on Public Lands and Administrative Avoidance

California, Idaho, Legislation, Nevada, Oregon, Washington / By

Rights-of Way on Public Lands and Administrative Avoidance Century old rights-of-way uses of public lands can only be confirmed through a long, expensive federal court process. Because the Bureau of Land Management (BLM) and U.S. Forest Service (USFS) cannot determine the validity of water delivery and road rights-of-way on public lands, farmers, ranchers, and local […]

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101 on Forfeiture vs. Abandonment Under Prior Appropriation Doctrine

Nevada, Oregon, Water law / By

Forfeiture We’ve all heard “Use it or Lose it” referring to the Prior Appropriation System.  The use it or lose it concept is the term we use for legal forfeiture which will apply to your water rights of use depending on your jurisdiction and type of water right.  Generally, this concept requires beneficial use of

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Nevada Public Land Grazing Workshop on Sage Grouse Plan Implementation

Nevada / By

The Nevada Cattlemen’s Association posted a news release on May 16, 2016 regarding the Permittee Outreach Workshop. This workshop is geared towards Nevada Cattlemen and Cattlewomen who graze cattle on BLM permits. With the listing of the Sage Grouse as “Not warranted” now more than ever it is imperative to establish with state and Federal

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The Greater Sage-Grouse Does Not Warrant Listing Under the Endangered Species Act

Water law / By

The feds are in the process of using the sage grouse to eliminate economic and recreational use of the sagebrush grassland in the same fashion they used the spotted owl to substantially shut down the timber harvest business in the northwest. However, their plans to impose sage hen regulation are more far reaching than what the

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NEDC v. Brown Invalidates EPA’s NPDES Permitting Policy for Logging Road Runoff

Water law / By

By: Sarah Liljefelt The Clean Water Act (“CWA”) prohibits the discharge of pollutants from a point source into the navigable waters of the United States without an NPDES permit. The Act defines a “point source” as “any discernible, confined and discrete conveyance.” 33 U.S.C. §1362(14). Natural runoff is not a point source, and does not

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Nevada Supreme Court Decision

Water law / By

The Nevada Supreme Court last week put lingering municipal water use applications at risk. See the article in the Las Vegas Review-Journal at: http://www.lvrj.com/news/state-high-court-deals-setback-to-pipeline-proposal-for-southern-nevada-83014557.html. In light of the decision, we recommend municipalities with municipal water use applications filed before 2003 make precautionary refilings immediately (as did the Southern Nevada Water Authority). It is important that

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Get Involved in the Integrated Water Resources Strategy!

Legislation, Oregon, Water law / By

The 2009 Legislative Session passed House Bill 3369. Among other things, this Bill tasked Oregon Water Resources Department (OWRD) with developing Oregon’s Integrated Water Resources Strategy (IWRS). The IWRS goals are to build resources and tools to assist Oregon in looking at its future water needs in terms of water quantity, water quality, ecological needs,

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Water Efficiency: A Competition to Test Your Cutting Edge Ideas.

Idaho, International, Nevada, Oregon, Washington, Water law / By

At Schroeder Law Offices, P.C., we routinely work with our clients to develop efficient water use and management systems. Upon reviewing the competition offered below, we thought of you! Thus, if you are an innovative and efficient water user, or perhaps want to share your ideas with others then you might check out this competition!

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Oregon’s New Exempt Well Mapping and Fee Requirements

Legislation, Oregon, Water law / By

The 2009 Legislative Session was full of excitement for Oregon’s water users. Specifically, new laws face those looking to drill a new ground water well for an exempt use. Oregon’s exempt ground water uses are outlined in ORS 537.545. These exempt uses include drilling a well for single or group domestic purposes not exceeding 15,000

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Oregon Inheritance Tax Credit for Farms, Forestland and Fisheries

Legislation, Oregon / By

By Therese Ure and Nicole Widdis Those inheriting natural resource property — which may include land used for farming, forestland or a commercial fishing operation — may qualify for the Natural Resources Tax Credit. Oregon Revised Statute 118.140 allows credit towards inheritance tax obligations based on the value of natural resource and commercial fishery properties,

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Aquifer Storage and Recovery (ASR) vs. Artificial Recharge (AR)

Oregon, Water law / By

By Therese Ure and Lincoln Herman Aquifer Storage and Recovery (ASR) is a device for the storage of excess surface water which has been appropriated under a valid water right. Originally, this device was used primarily for drinking water, however agricultural and other water users are considering ASR as a device to off set seasonal

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TCID Water Allocations Increase, as do District Assessments!

Legislation, Nevada, Water law / By

TCID announced that water allocations in the District are being increased from 80% to 90%. The District made this decision after Lahontan Reservoir levels continued to rise. Water users can expect to see the adjustment reflected on their next water card. TCID also announced that due to amendments in A.B. 226, the District now has

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Rainwater Harvesting: Oregon Smart Guides from the Building Code Division Part III

Oregon, Water law / By

By Law Clerk Lincoln Herman “Rainwater Harvesting” These are systems designed to capture water that runs off the roof of a structure. Under Oregon Law you may only capture the water that runs off of your roof in one of these systems. The purpose is to create a store of water that can be reused

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