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 […]
101 on Forfeiture vs. Abandonment Under Prior Appropriation Doctrine Read More »
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
Nevada Public Land Grazing Workshop on Sage Grouse Plan Implementation Read More »
Nevada is taking a close look at water rights of use, thus now is the time to make sure your use rights are in good standing. With a shuffling of basin engineers within the Nevada Division of Water Resources, water rights are being reviewed to determine compliance! Are your rights of use in your name?
Nevada Cracks Down on Water Rights of Use Read More »
This week, the Duncan Family contributed to feeding the world by gathering their annual calf crop and sending them to others who would raise them for market. Raising stock, “ranching,” is an age old way of life a culture that is passed down through generations. The four generations in the Duncan Family presented in these
Schroeder Law Clients Feed the World Read More »
The USDA Farm Service Agency January 2015 Nevada Newsletter is published. Please review this information for important program deadlines affecting farmers and ranchers, as well as general information related to the Farm Bill and other USDA programs. To view newsletter, click here: http://content.govdelivery.com/accounts/USFSA/bulletins/e98f05
Important Program Deadlines from the USDA! Read More »
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
The Greater Sage-Grouse Does Not Warrant Listing Under the Endangered Species Act Read More »
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
NEDC v. Brown Invalidates EPA’s NPDES Permitting Policy for Logging Road Runoff Read More »
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
Nevada Supreme Court Decision Read More »
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,
Get Involved in the Integrated Water Resources Strategy! Read More »
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!
Water Efficiency: A Competition to Test Your Cutting Edge Ideas. Read More »
Idaho Power has announced that the Boardman to Hemingway (B2H) project will be holding their Community Advisory Process Public Meetings. Participants at these meetings will have the opportunity to: 1. Learn more about the Boardman to Hemingway Transmission Line Project. 2. Review and provide input on criteria for evaluating routes for the proposed transmission line.
B2H: Public Meetings Announced. Read More »
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
Oregon’s New Exempt Well Mapping and Fee Requirements Read More »
The Society for Range Management in partnership with the Bureau of Land Management has produced a 9 minute video that “serves to tell a story about the role of livestock grazing on western public rangelands and our collective hope for a future of sustained rangeland health and enjoyment.” “Hope on the Range” is a video
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,
Oregon Inheritance Tax Credit for Farms, Forestland and Fisheries Read More »
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
Aquifer Storage and Recovery (ASR) vs. Artificial Recharge (AR) Read More »
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
TCID Water Allocations Increase, as do District Assessments! Read More »
By Attorney Therese Ure & Law Clerk Nicole Widdis This session, the Oregon Senate passed Senate Bill 311 legislation to amend the Oregon Tort Claims Act (OTCA). The OTCA limits the amount of money damages a plaintiff can receive from a state entity in a civil wrong (aka tort) case. OTCA passed originally in 1967
2009 Oregon Legislation Amends “Caps” on Tort Damages Read More »
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
Rainwater Harvesting: Oregon Smart Guides from the Building Code Division Part III Read More »
By Law Clerk Lincoln Herman “Water Conservation Systems” These are systems designed to capture gray water from your house. Examples of gray water are the water that flows out of your bathtub. The premise is that the water can be captured, filtered and reused for toilet flushing. The result is a measurable reduction in the
Water Conservation Systems: Oregon Smart Guides from the Building Code Division Part II Read More »
By Law Clerk Lincoln Herman Rainwater Harvesting and Water Conservation Systems: a Guide to Smart Water Capture and Reuse. The Oregon Building Codes Division recently published Smart Guides for Rainwater Harvesting and Water Conservation Systems. These guides are filled with valuable information relating to collecting water from sources such as roof runoff as well as
