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.
Governor Opens Legislature for Special Session: Water Issues Included Read More »
On October 16, 2015, the office of the State Engineer of the State of Nevada issued an Order of Adjudication for the public waters of Northern Nevada’s Diamond Valley. The past years’ drought has made vested water rights and claims in Eureka County an ongoing and important legal issue. Water rights’ holders will need strict
Adjudication Order 2016: Diamond Valley, Nevada Read More »
El Niño is gracing the West Coast of the United States and water watchers are enjoying relief from the past few years of drought, but the catch-up game may take longer than hopefuls could dream. Reports from the U.S. Climate Prediction Center indicate that wetter weather is forecast for the West Coast through at
Drought Aid in the West Read More »
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
Senate Takes Action to Repeal WOTUS (Updated 1/20/16) 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 »
On June 29, 2015 the Environmental Protection Agency (“EPA”) published a new rule under the Clean Water Act, re-defining “Waters of the United States,” and sought to expand federal jurisdiction over certain water sources. The new rule was set to go into effect on August 28, 2015. Due to the implications and potential effect the
Court Grants Injunction to EPA Rule Read More »
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
Ninth Circuit – Klamath Straits Drain and Clean Water Act Read More »
On August 27, 2015, the USDA unveiled a new plan to help conserve sage grouse habitat, and which many hope will keep the greater sage grouse from being listed under the Endangered Species Act. Agriculture Secretary Tom Vislack announced a four-year plan that will invest $211 Million in conservation funds to help build and preserve
USDA Unveils $211 Million Sage Grouse Conservation Plan Read More »
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
Restraining Order Halts Drought Curtailment Read More »
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
Afghanistan’s Transboundary Waters Read More »
By Derek Bradley– In an 8-1 decision the United States Supreme Court on Monday June 22nd overturned the Ninth Circuit in Horne v. Department of Agriculture bringing an end to an unusual government practice that had existed for almost 80 years and providing a victory for property rights advocates. A pair of raisin farmers challenged
The Supreme Court’s Raisin Decision– A Victory for Property Rights Read More »
During the 2015 Nevada Legislative Session, Assembly Bill 435 passed by the Legislature. On May 27, 2015, AB 435 was signed into law by Governor Sandoval. This bill adds a new Judicial District to Nevada, and reorganizes the counties which make up certain Judicial Districts. The Sixth Judicial District Court, currently encompassing Pershing, Humboldt, and
Assembly Bill 435 and the Humboldt River Decree Court Read More »
By Derek Bradley After receiving negative feedback from both the Western Governors’ Association and a large bipartisan group of House Committee on Natural Resources (both letters are linked below), the U.S. Forest Service (USFS) announced last week it was permanently withdrawing its proposed groundwater rule concerning groundwater management on national forest lands. The move comes
U.S. Forest Service Withdraws Proposed Groundwater Rule Read More »
By Derek Bradley– The June 18th Oregon Water Resources Commission meeting included a presentation concerning the current state of groundwater in Harney County. Harney County development expanded in recent years, with a lot of this development driven by agriculture. Much of the water needed for this development, derives from groundwater causing the number of irrigated
Permit Moratorium Announced for Groundwater in Harney County Read More »
The Nevada Drought Forum announces its first meeting schedule. The Nevada Drought Forum was established by Governor Sandoval to assess and monitor the drought in Nevada, identify conservation practices and policy needs, and make recommendations to the Governor. The Forum seeks to evaluate drought findings and provide input on future steps in the form of
Nevada Drought Forum Announces Meeting Schedule Read More »
By Derek Bradley Most municipalities have water use permits reserved for their current needs and projected future growth, typically in the form of one or more municipal water rights of use or permits. These water use permits have timelines for the cities to fully develop the beneficial use entitlement. Based on current population and use,
Fish Persistence and Municipal Water: Oregon SB 712 Read More »
The Environmental Protection Agency (“EPA”) and the US Army Corps of Engineers (“USACE”) have recently released a new waters of the United States rule under the Clean Water Act (“CWA”) that has been in the works for over a year concerning the definition of what are the ‘Waters of the United States.’ The importance of
EPA & USACE Waters of the United States Rule; by Derek Bradley Read More »
The Washington Department of Ecology has started work on updating the state’s Concentrated Animal Feeding Operation (CAFO) general permit, and is calling for public input in the formative stages of this process. Ecology is the state’s control agency, as authorized by the Environmental Protection Agency (EPA), for activities falling under the jurisdiction of the Clean
Washington initiating process to update CAFO permit Read More »
The April issue of Nevada Lawyer Magazine focuses on Agriculture Law. Matthew Curti, along with attorney Linda Bullen, authored an article about the importance of submitting comments to Environmental Protection Agency (EPA) rulemaking, as well as National Environmental Policy Act (NEPA) draft Environmental Impact Statements (EIS). The article provides an overview of the commenting process,
EPA Rulemaking and NEPA Draft EIS Comments Read More »
On February 3, 2015, the Nevada State Engineer issued Order 1250 curtailing 50% of all supplemental groundwater pumping for irrigation in both Mason and Smith Valleys. This action by the Nevada State Engineer was the first time curtailment of this magnitude has taken place in Nevada. Order 1250 determined supplemental groundwater use for irrigation to
Judge Grants Temporary Injunction on Mason and Smith Valley Curtailment Read More »
