The Oregon Department of Agriculture’s Natural Resources Division hosted meetings this month across Oregon discussing the Department’s agricultural water quality program. At the May 9th meeting, Lisa Hanson, Deputy Director, explained the current status of the water quality program, and sought input from attendees about how the Department can improve the program. Ms. Hanson explained […]

The Portland based conservation group, Oregon Wild, has filed suit against the Bureau of Reclamation alleging BOR has failed to adopt a Biological Opinion that will protect wild coho in the Little Butte Creek Basin. Oregon Wild alleges BOR was to provide the Biological Opinion by March 2010. Since 2003 Oregon Wild has sought changes

As many of you may know, Laura’s father William F. (Bill) Schroeder is an attorney and has been in the general practice of law with an emphasis in speaking, writing, and litigating public land, water, and natural resource issues in the Western United States since before 1960. Mr. Schroeder is rated among his legal peers

We are very pleased to announce that Jerry Erstrom of Vale, Oregon was granted the 2011 Watsave Award by the International Commission on Irrigation and Drainage (ICID) for his work on the Willow Creek Piping Project. The Watsave Award includes a stipend of $2,000. The Willow Creek Piping Project addresses 35,000 acres within the Willow

On December 22, 2011, Oregon’s Integrated Water Resources Strategy (“IWRS”) Discussion Draft was distributed to the public for review and comment. The Discussion Draft’s purpose is to understand Oregon’s water needs and to articulate a strategy to meet those needs in the future. As outlined in Section 42 of House Bill 3369 (2009), the Oregon

On January 20, 2012 the United States Department of Agriculture (“USDA”) issued a news release entitled “USDA Invites Applications for Renewable Energy and Energy Efficiency Projects.” The news release announced that the USDA is seeking applications for energy efficiency and renewable energy projects. Funding for such projects is available through the 2008 Farm Bill. The

Revised Statute 2477 was passed by Congress in 1866 and provided an open-ended grant of “the right of way for the construction of highways over public lands, not reserved for public uses.” Commonly called “R.S. 2477,” the statute facilitated most of the transportation routes of the West and remained in effect for 110 years. During

Each year, Schroeder Law Offices contributes to the American Bar Association’s Year in Review publication by drafting an update to the Oregon water law section. Schroeder Law Offices’ summary of the most significant updates in the field of Oregon Water Law during the year 2011 has been posted to the firm’s website. You can read

Improved technology and surveying techniques may lead to the discovery that your water rights are located where believed or are actually authorized on incorrect property. If you are a holder of a water right which incorrectly includes a portion of authorized use appurtenant to land owned by another party (such as a neighbor) or another

It is practically impossible to avoid a new story, article or observations about the economy these days. Commentary on the economy commonly concerns interest rates, the stock market, and the latest moves by the Fed. In the article “Is water the new gold?” author Anthony Mirthaydan addresses the interplay of the demand for clean fresh

OWRD’s Reimbursement Authority Program provides water users with an opportunity to expedite final action on extension and transfer applications. Through the program, the water user enters an agreement to pay the costs necessary for OWRD to engage outside contractors to conduct OWRD’s review of the application. The benefit is clear. Rather than sitting in a

The Oregon Water Resources Department (OWRD) changed its procedure for accepting alternative (small) reservoir applications based on the judicial decision Deborah Noble and David Hillison v. Oregon Water Resources Department (Hillison). Clackamas County Circuit Court, CV-10-01-0159, General Judgment entered January 25, 2011. The Hillison court determined that ORS 537.409, which governs the permitting process for

The Oregon Public Meetings laws sets a policy that Oregon government business be conducted in the open and that the public be informed of deliberations, decisions and information underlying those decisions. For those reasons, Oregon Revised Statute (“ORS”) 192.630 provides: “All meetings of the governing body of a public body shall be open to the

On May 2, 2011, the United States Supreme Court decided the case of Montana v. Wyoming (No. 137, Orig.; 2011 WL 1631038). Although the case had to do with an interstate water compact between those states, the court decided the case on general western water law principles. Of particular interest, the Court determined that junior

Generally, discharges of pollutants into the waters of the United States require permitting from either the EPA or the State’s authorized permitting process under the Clean Water Act (“CWA”). However, in 2006 the EPA issued a Final Rule which concluded that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) were

In response to a recent ruling by the U.S. District Court for Idaho, the Bureau of Land Management (“BLM”) will be making the names and addresses of grazing permit holders and lessees available to the public via a publicly accessible website.  Personal phone numbers and financial information will not be included.  This change is derived