The July 2016 Nevada Lawyer Magazine focuses on drought conditions and features Schroeder Law Offices’ Attorney Therese Ure’s article, “Use It or Lose It:” for Nevada’s Water in Times of Drought. The article discusses Nevada Revised Statute 534.090, which has become known as the “Use It or Lose It Doctrine” in reference to […]
“Use it or Lose it” Nevada’s Water in Times of Drought Read More »
California Water Right Ownership Updates Required The State of California wants to know when you sell or transfer water rights. As part of any land use transaction involving water rights, regulations require landowners to provide notice to the Water Resources Control Board (WRCB) when water rights transfer to new owners. The WRCB will accept any
California Water Right Ownership Updates Required Read More »
With the political race underway, one group has taken a hard look at land management objectives on federal lands. In response, this group prepared a list of the top ten ways to improve federal land management in an open letter to the United States Presidential Candidates. In summary, top ten items include: Retain federal ownership of
Top Ten Ways to Improve Federal Land Management Read More »
Below, please see the ground water management public meeting schedule posted by the Idaho Department of Water Resources. Additional Information for Idaho Ground Water Management: IDWR’s website with the ESPA GWMA information: http://www.idwr.idaho.gov/water-rights/GWMA/proposed.html Director’s letter regarding ESPA GWMA: http://www.idwr.idaho.gov/files/ground_water_mgmt/20160707-Letter-to-Waters-Users-from-Gary-Spackman-Re-Proposed-ESPA-GWMA.pdf Map of Proposal: http://www.idwr.idaho.gov/files/ground_water_mgmt/espa-gwma-boundary-map.pdf
Idaho Ground Water Management Area Public Meetings are Scheduled Read More »
In the wake of ongoing controversy over the reach of U.S. Agency jurisdiction, a Senate Appropriations Committee is taking steps to decrease funds available for many Agencies for the upcoming year, in an attempt to limit any overreach. On June 16, 2016 the Senate Committee approved budget cuts to the United States Fish and Wildlife
Senate Committee Proposes Budget Cuts to EPA and USFWS Read More »
The Oregon Water Resources Commission’s (OWRC’s) rulemaking for the Greater Harney Valley Groundwater Area of Concern (Area of Concern) became effective on April 15, 2016. The new regulations limit pending and new applications for groundwater use in the Malheur Basin. Citing concern over lowering groundwater levels in the region, OWRC passed the new regulations to
New: Harney Valley Groundwater Area of Concern Read More »
California’s Sustainable Groundwater Management Act Regulations Issued California’s Sustainable Groundwater Management Act (“SGMA”) was passed in 2014. The SGMA requires local agencies to bear the burden of creating, implementing, and enforcing Groundwater Sustainability Plans (“GSP”) in certain groundwater basins to manage the aquifer in a “sustainable” manner. The California Department of Water Resources (“CDWR”) recently
New Sustainable Groundwater Regulations Read More »
On April 6, 2016, amendments to the Klamath Hydroelectric Settlement Agreement (KHSA) and the new Klamath Power and Facilities Agreement (KPFA) were signed at a ceremony at the mouth of the Klamath River on the Yurok Indian Reservation. These changes come in the wake of the Congress’s decision not to pass legislation for the Klamath
Update: Klamath Basin Agreements in 2016 Read More »
The Oregon Water Code provides that construction of a water system must be completed within certain time limits from issuance of water use permits (5 years for non-municipal water use permits, and 20 years for municipal permits). ORS 537.230 (“…the holder of a water right permit shall prosecute the construction of any proposed irrigation or
New Oregon Water Permit Condition to Begin Construction Read More »
The Oregon Water Resources Commission recently awarded nine water supply project proposals in the state of Oregon with a combined $8.9 million for projects focusing mainly on water conservation. The Commission received funding in the amount of $14 million from the state to implement large-scale water conservation plans across the state. Although urged to fund
Oregon water conservation projects receive $8.9 million in funding Read More »
The Clean Water Act is an issue of gathering significance with the Environmental Protection Agency and adoption of a newly defined “waters of the United States” (“WOTUS”), wherein civil and criminal penalties can attach if pollutant is discharged into jurisdictional waters. Thus, whether water is defined as “jurisdictional” becomes an important significance. On May 31,
U.S. Supreme Court Rules CWA Jurisdiction Reviewable in Federal Court Read More »
Many Oregonians use water wells on their properties. Since the 1960s, well drillers have been statutorily required to submit well logs to Oregon Water Resources Department (“OWRD”) for each water well they drill or modify. Well drillers are also statutorily required to record identification numbers on any water wells drilled, deepened, converted, or altered since
Does your Oregon water well have a Well Identification Number? Should it? Read More »
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 »
Water resource users are some of the most environmental aware stewards since they must count every precious drop of water necessary to feed the world and provide safe drinking water. In the United States, we celebrate Earth Day: We have a bike-to-work week, we have recycling and environmental preservation programs in our communities, the list
World Environment Day: Sunday, June 5th Read More »
The debate continues on the prior appropriation system. During the 2016 Family Farm Alliance Annual Conference, the Alliance’s 2015 report on the prior appropriation doctrine raised some debate. This debate, now focusing on Nevada’s prior appropriation system, was again raised in equal vigor during the 2016 Nevada Water Resources Association annual conference. While many argue
The End of the 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 »
On May 9, 2016, Governor Jerry Brown of California signed an executive order making certain water conservation measures permanent. The measure is meant to build on temporary emergency water restriction in place since last year. Brown’s office reports that “between June 2015 and March 2016, Californians reduced water use by 23.9 percent compared with the
Executive Order Makes California Water Conservation Permanent 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 »
On September 18, 2015, the Bureau of Land Management (“BLM”) and United States Forest Service (“USFS”) issued Records of Decision (“RODs”) related to land management in support of sage grouse populations on lands managed by the agencies. The RODs put land use plans in place in lieu of listing sage grouse under the Endangered Species
Sage Grouse Land Use Plans and Law Suits Read More »
On March 11, 2016, Schroeder Law Offices sponsored and participated in the celebration of the finalization of the title transfer process of the Rye Patch Dan and Reservoir from the United State Bureau of Reclamation (BOR) to Pershing County Water Conservation District (PCWCD). This title transfer process has taken 20+ years to substantially complete. The Pershing
Pershing County Water Conservation District Celebrates Title Transfer Read More »
