The 2009 Legislative Session was full of excitement for Oregon’s water users. Specifically, new laws face those looking to drill a new ground water well for an exempt use. Oregon’s exempt ground water uses are outlined in ORS 537.545. These exempt uses include drilling a well for single or group domestic purposes not exceeding 15,000 […]
Oregon’s New Exempt Well Mapping and Fee Requirements Read More »
The Society for Range Management in partnership with the Bureau of Land Management has produced a 9 minute video that “serves to tell a story about the role of livestock grazing on western public rangelands and our collective hope for a future of sustained rangeland health and enjoyment.” “Hope on the Range” is a video
By Therese Ure and Nicole Widdis Those inheriting natural resource property — which may include land used for farming, forestland or a commercial fishing operation — may qualify for the Natural Resources Tax Credit. Oregon Revised Statute 118.140 allows credit towards inheritance tax obligations based on the value of natural resource and commercial fishery properties,
Oregon Inheritance Tax Credit for Farms, Forestland and Fisheries Read More »
By Therese Ure and Lincoln Herman Aquifer Storage and Recovery (ASR) is a device for the storage of excess surface water which has been appropriated under a valid water right. Originally, this device was used primarily for drinking water, however agricultural and other water users are considering ASR as a device to off set seasonal
Aquifer Storage and Recovery (ASR) vs. Artificial Recharge (AR) Read More »
Irrigation districts have many benefits. But just how much land is required to form one?It is surprising, but Oregon law contains no minimum acreage requirement for irrigation district formation! In the early 1900s when irrigation districts sprang up all over western United States, some in connection with projects constructed by the United States Bureau of
Irrigation District Formation Read More »
TCID announced that water allocations in the District are being increased from 80% to 90%. The District made this decision after Lahontan Reservoir levels continued to rise. Water users can expect to see the adjustment reflected on their next water card. TCID also announced that due to amendments in A.B. 226, the District now has
TCID Water Allocations Increase, as do District Assessments! Read More »
By Attorney Therese Ure & Law Clerk Nicole Widdis This session, the Oregon Senate passed Senate Bill 311 legislation to amend the Oregon Tort Claims Act (OTCA). The OTCA limits the amount of money damages a plaintiff can receive from a state entity in a civil wrong (aka tort) case. OTCA passed originally in 1967
2009 Oregon Legislation Amends “Caps” on Tort Damages Read More »
By Law Clerk Lincoln Herman “Rainwater Harvesting” These are systems designed to capture water that runs off the roof of a structure. Under Oregon Law you may only capture the water that runs off of your roof in one of these systems. The purpose is to create a store of water that can be reused
Rainwater Harvesting: Oregon Smart Guides from the Building Code Division Part III Read More »
By Law Clerk Lincoln Herman “Water Conservation Systems” These are systems designed to capture gray water from your house. Examples of gray water are the water that flows out of your bathtub. The premise is that the water can be captured, filtered and reused for toilet flushing. The result is a measurable reduction in the
Water Conservation Systems: Oregon Smart Guides from the Building Code Division Part II Read More »
By Law Clerk Lincoln Herman Rainwater Harvesting and Water Conservation Systems: a Guide to Smart Water Capture and Reuse. The Oregon Building Codes Division recently published Smart Guides for Rainwater Harvesting and Water Conservation Systems. These guides are filled with valuable information relating to collecting water from sources such as roof runoff as well as
By Law Clerk Nicole Widdis The Eleventh Circuit Court of Appeals, in an order filed today, was the first court to interpret a recent Environmental Protection Agency (EPA) regulation, the Water Transfers Rule (40 C.F.R. § 122.3(i)), which affects the Clean Water Act National Pollution Discharge Elimination System (NPDES). The case before the Court involved
Clean Water Act Regulates One Pot of Soup: The Unitary Waters Theory Adopted Read More »
By Law Clerk Nicole Widdis The Truckee-Carson Canal breached in early 2008, however the litigation continues. See Water Law Blog entries from April 24 and 30, 2008 for background on the matter. The latest attempt by the homeowners in this case to limit the amount of water going down the canal was heard in Nevada
Update on TCID Flood Issues Read More »
By Law Clerk Nicole Widdis On May 6, 2009, Governor Gibbons signed into law Assembly Bill 226, changing the financial requirements of irrigation districts in Nevada. This law will go into effect July 1, 2009. The existing law had limited the amount of money spent on a single purchase by a district on machinery or
New Nevada Financial Laws for Irrigation Districts Read More »
The importance of maintaining and protecting water rights is more crucial then ever. Oregon agriculture, supported by valid water rights, has long been the State’s leading sector of the economy. The impacts of Oregon agriculture are felt state and nationwide. A relatively new organization emphasizes the philanthropy of farmers around Oregon. Farmers Ending Hunger is
Farmers Ending Hunger Read More »
As evidenced in the recent amendments to proposed HB 3369 concerning revisions to loan and grant funding for Oregon water projects, climate change issues are finding their way into Oregon statutes. One might ask if this is proper given the lack of science surrounding climate change issues. The Environmental Protection Agency realizes that the science
Should Climate Change be making its way into the Oregon Water Law Statutes? Read More »
Tough times dictate that we cut our discretionary spending. Property owners may defer some maintenance and other due diligence. But spending money on education and protecting your property interests must be considered a continued important investment that is not discretionary. Hunkering down and waiting for it to pass us by will not work. Business as usual
Advanced Oregon Water Law Seminar Read More »
Most Western states allow an exemption from water right permitting for domestic wells. In New Mexico this exemption was recently challenged as being inconsistent with the prior appropriation doctrine. Other western states seek to legislatively limit the scope of such exemptions. Oregon which has perhaps the broadest statutory groundwater exemption is seeking in this legislative
Limiting the Domestic Well Exemption Read More »
Though much of the news out of Salem involves discussion of the budget and shortfalls, the 2009 Legislature is considering some important water bills with an immediate impact on water use in Oregon. The summary below includes three water bills that are of interest. We encourage you to contact your Senator or Representative regarding your
2009 Water Legislation of Interest Read More »
The Oregon Ground Water Association (OGWA) is holding their Spring Technical Conference on March 6-7, 2009 at the Oregon Garden Resort in Silverton Oregon. Schroeder Law Offices’ Therese Ure will join the panel discussion on Government Affairs which will discuss and consider the 2009 Legislation’s proposed bills relating to the ground water industry. For more
Schroeder Law Offices to participate in the OGWA Spring Technical Conference Read More »
Tired of entities and governments chipping away at your Newlands Project water rights? Schroeder Law Offices will host an informational meeting for water users in the Newlands Project. The meeting will address reduced water allocations pursuant to OCAP regulations governing the Truckee Carson Irrigation District. These reductions may be actionable in court as a breach
Fallon Meeting to Address Allocation Reductions Read More »
