Title Transfer Rye Patch Reservoir

Pershing County Water Conservation District Assumes Sole Ownership of Humboldt Project

Nevada / By

LOVELOCK, Nevada – The Pershing County Water Conservation District (PCWCD) has assumed sole ownership of Rye Patch Dam and Reservoir, and therefore majority control of the Humboldt Project, having acquired property and water rights from the United States Bureau of Reclamation (BOR). The transfer process, which began in 2002, was finalized with the recording of […]

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California’s New Water Measuring, Recording & Reporting Law

California, Legislation, Oregon, Water law / By

California Governor Brown signed Senate Bill 88 into law on June 24, 2015. Part of that Bill amended the California Water Code to require that all persons who divert 10 acre-feet or more of water per year after January 1, 2016 must install a water measuring device to measure the rate of diversion (including diversion

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Forest Service Changes It’s Tune on Transfer of Ski Area Water Rights

California, Idaho, Oregon, Washington, Water law / By

Final rulemaking related to Forest Service permits for Ski Area Water Rights was released on December 30, 2015. Unlike an earlier directive passed in 2011, the Ski Area Water Clause will not require ski areas to transfer water rights to the federal government as a condition of operating on public land. Instead, the new clause will

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Wastewater

Nevada Wastewater Funding Approved by EPA

Nevada, Water law / By

On December 22, 2015, the United States Environmental Protection Agency (“EPA”) announced funding of more than $19 Million for drinking water and wastewater infrastructure projects in Nevada. The program funds fall under Nevada’s Clean Water State Revolving Fund, and provides money for state projects that promote clean water through wastewater treatment projects and improvements to

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Resentencing Issue Clouded by Militia

Water law / By

The news of Dwight and Steven Hammond’s resentencing is an open platform for change in federal handling policies, but the fear incited by Ammon Bundy’s voluntary militia of protesters is clouding evidence that backs claims of federal government mismanagement. Protesters are against the Hammonds’ re sentencing and believe they were convicted unfairly under laws intended

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Klamath Basin Bill Does Not Pass This Year

Legislation, Oregon, Water law / By

Congress has adjourned for the year without passing a bill to authorize and fund the Klamath Agreements. The Klamath Basin agreements include: the Klamath Hydroelectric Settlement Agreement (“KHSA”), Klamath Basin Restoration Agreement (“KBRA”) and Upper Klamath Basin Comprehensive Agreement (“UKBCA”) that together lay out a comprehensive scheme for changes in management along the entire reach

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Oregon Water Use Permits May be Split

Legislation, Oregon, Water law / By

Oregon Revised Statute 537.225 was enacted in 2013, allowing water use permit holders with irrigation, nursery, temperature control, stock watering, or agricultural water uses and subsequent completion dates to apply for assignment of all or part of the water use permit, and for the issuance of a replacement water use permit that reflects that assignment.

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Governor Opens Legislature for Special Session: Water Issues Included

Legislation, Nevada, Water law / By

Nevada’s Special Session opened December 16, 2015 with Senate Bill 1 , an act that will issue transferable tax credits and tax breaks to certain projects authorized by the government.  Section 64 of this bill relates to water use.  It is proposing to streamline the water use permitting processes in order to encourage economic development. 

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Senate Takes Action to Repeal WOTUS (Updated 1/20/16)

Water law / By

On November 3, 2015, the United States Senate voted on legislation meant to repeal the federal regulation re-defining “Waters of the United States” (“WOTUS”). WOTUS sets EPA’s jurisdiction, and thereby how far the EPA can reach to regulate various waterways. The regulation increases federal jurisdiction over water within the United States, which many believe will

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Ninth Circuit – Klamath Straits Drain and Clean Water Act

Oregon, Water law / By

NINTH CIRCUIT UPHOLDS RULING — NPDES PERMITS ARE NOT REQUIRED FOR TRANSFERS OF WATER IN THE KLAMATH BASIN ONRC Action v. United States Bureau of Reclamation (9th Cir. Or. Aug. 21, 2015) cdn.ca9.uscourts.gov/datastore/opinions/2015/08/21/12-35831.pdf The Ninth Circuit Court of Appeals was recently presented with the issue of whether the Bureau of Reclamation violated the Clean Water

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Restraining Order Halts Drought Curtailment

California, Water law / By

The Sacramento Superior Court of California on July 10, 2015, granted a TRO temporarily restraining the California State Water Resources Control Board’s drought curtailment action against certain senior water rights holders. The court held that the Board’s action violates due process rights and would cause irreparable harm. On May 1, 2015 and June 12, 2015 the California State

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Afghanistan’s Transboundary Waters

International, Water law / By

By: Laura Schroeder and Derek Bradley Despite being a landlocked country with an arid climate Afghanistan possesses a surprising number of fresh water surface sources thanks to snowpack originating in its mountainous terrain.  While the country has several freshwater sources contained within it (namely the Northern water basin) all four of the country’s largest river

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