In our April 19, 2013 blog posting, Schroeder Law Offices reported that the United States was undertaking review of the 1964 Columbia River Treaty in preparation for the upcoming 2014 opportunity for either party to seek modification or cancellation of the Treaty through the required notice provisions. September marked the 50 year anniversary of the […]
2014 Update on US-Canada Columbia River Treaty Negotiations Read More »
On December 31, 2014, the Oregon Court of Appeals decided WaterWatch of Oregon Inc., v. Water Resources Department, 268 Or. App. 187 (2014). The Court of Appeals reviewed three final orders for extensions of time for municipal water permits in the Clackamas River. After contested case hearings, the Water Resources department granted the extensions, subject to fish persistence
Fish Persistence in Municipal Water Permit Extensions Read More »
For many years, California was the only Western State not regulating groundwater pumping. However, they are now faced with adjusting to a new system of groundwater use. On September 16, 2014, California’s Governor Jerry Brown signed legislation limiting underground water use by commercial and residential users. The new regulations take effect in January 2015 tasking
California Will Have Regulations on Groundwater Pumping Read More »
Oregon follows the Prior Appropriation principle for water use. The guiding principle of the Prior Appropriation Doctrine is “first in time, first in right.” Thus, water users with earlier priority dates may have their water use rights satisfied before junior water users, or may even require junior users to cease diversions, if there is not
Earlier this month, the Oregon Water Resources Department announced in this press release that the Department would be submitting a second notice of proposed rulemaking, holding a second public hearing, and extending the comment period for proposed rules that grant preference for “human consumption” and “stockwatering” uses following the Governor’s declaration of a drought. The
Klamath County Drought: Extension of Comment Period for Rulemaking Read More »
Schroeder Law Offices first highlighted the proposed rule change to the Clean Water Act in a May blog posting. Growing opposition to the rule has caused the Environmental Protection Agency (“EPA”) to extend the public comment period through October 20, 2014 from the original comment deadline of July 21. Opponents and supporters characterize the Revisions
Update: Proposed Rule for the Clean Water Act Pubilshed April 21, 2014 Read More »
Grazing and water use go hand in hand. This year Nevada continues to experience drought conditions causing ranchers and farmers to make adjustments, whether by their own choosing, or by the hand of the government. On July 23, 2014, Nevada’s Battle Mountain District BLM held a meeting with the Permittees of the Argenta Grazing Allotment.
Second Argenta Grass Range Tour and BBQ on Saturday, August 16, 2014! Read More »
North Idaho Adjudication Ramping Up With Idaho set to wrap up a 27-year water-rights adjudication of unprecedented scale nationwide, water administrators are gradually shifting their focus to the state’s northern basins and a procedure expected to take only a fraction of the time as the Snake River Basin Adjudication (SRBA). The SRBA — involving all
North Idaho Adjudication Read More »
On July 15, the California State Water Boards passed Resolution No. 2014-0038 to adopt urban water control regulations. These regulations are aimed at conservation for urban residents, providing fines for using water inconsistent with the conservation measures. Among the measures aimed at curbing water use, the Water Board has proposed restricting activities on individuals including:
California Adopts Emergency Water Conservation Regulations Read More »
On June 4, 2014 U.S. Senators John Barrasso and Mike Enzi introduced the Water Supply Permitting Coordination Act (S.2427). Representatives Tom McClintock and Cynthia Lummis introduced an identical bill in the House on January 31, 2014 (H.R.3980). The intent of the Act is to make the process for approval of surface water storage projects on
For municipalities tasked with eliminating stormwater drainage, options tend to be expensive or regulatory steeple-chases with several iterations of reports, plans, approval processes, and permitting. A recent addition to the municipal toolbox of reducing stormwater runoff is the incorporation of Low Impact Development (LID) techniques that can serve as an alternative to the typical stormwater
Municipal Low Impact Development Design and Implementation Read More »
On April 21, 2014, the Federal Register published a proposed rule drafted to clarify the definition of “Waters of the U.S.” under the Clean Water Act. According to the U.S. Environmental Protection Agency (“EPA”), the proposed rule was released by the EPA and the U.S. Corps of Engineers (“Corps”) with the intention of clarifying protection
Proposed Rule for the Clean Water Act Published April 21, 2014 Read More »
Earth Day is a great reminder that we can all gather together to learn about our world’s ability to sustain life for ourselves and future generations. In the legal field, the American Bar Association, Section of Environment, Energy, and Resources (“ABA”) is sponsoring a project in support of Earth Day. It is a nationwide public
April 22, 2014 is Earth Day! Read More »
On March 13, 2014, the U.S. House of Representatives passed H.R. 3189, the “Water Rights Protection Act.” This piece of legislation was introduced by Rep. Scott Tipton of Colorado, and Rep. Mark Amodei of Nevada. In a press release, Rep. Mark Amodei states that, “[t]he bill would protect communities, businesses, recreation opportunities, farmers, ranchers and
Water Rights Protection Act – Written by Matthew Curti Read More »
On March 4–7, the 2014 United States Committee on Irrigation and Drainage (USCID) met in Sacramento California on the topic of “Groundwater Issues and Water Management—Strategies Addressing the Challenges of Sustainability.” The Conference included our study of “Conjunctive Management: Changing Water Regulation and Evolving Strategies.” This paper focused on western States regulation of surface and
USCID Sacramento 2014: Conjunctive Management Read More »
National Ground Water Awareness Week brings our attention to the “hot” issues in ground water now focused in Oregon, perhaps surprising to some, in the Klamath Basin. On March 7, 2013, the Oregon Water Resources Department (“the Department”) issued its Findings of Fact and Order of Determination (“FFOD”), thus ending the administrative phase of the
Whitsett Water Bills (House Bill 4044 & Senate Bill 1572) Read More »
On February 13, 2014, Oregon Governor John Kitzhaber declared a drought emergency for four southeastern counties (Klamath, Lake, Harney, and Malheur) in Oregon Executive Order No. 14-01. “The unusual act of declaring a drought emergency in the middle of February is an indication of how severe the conditions are in southern Oregon and of the
Oregon’s Drought Declaration Opens Door for Drought Permits, Transfers, and Agreements Read More »
According to the New York Times, the Colorado River has suffered a 14 year drought reducing the flow of the river and diminishing it’s man made reservoirs to less than half of their capacities. Approximately 75% of it’s water is used by agriculture in California’s Imperial Valley and Wyoming’s cattle herds (producing 15% of the
Colorado River Drought Causes Drastic Impacts on States Relying on It’s Water Read More »
Last Wednesday, I had the opportunity to attend a Continuing Legal Education seminar, the topic being “Is Western Water Law Sustainable?’ Over the course of the hour and a half long discussion, we heard the history of the way the prior appropriation doctrine assumed its prominence in the water law of Oregon, and then a
Conflicting Values in the Water “Sustainability” Debate; By Brian Sheets Read More »
Countdown to World Water Day 2014: 66 days! World Water Day 2014 focuses on the relationship between water and energy. The United Nations-Water and United Nations-Energy programs within the United Nations System are working with the UN’s Member States and other stakeholders to highlight the interconnected nature of water and energy. Specifically, water is required
Mark your calendar to celebrate World Water Day 2014 on Mach 22! Read More »
