New Mexico Rules State Engineer Required to Closely Review Applications for Exempt Wells

Case Law, Water law / By

Recently, a New Mexico court ruled that the State Engineer is required to review all new applications for exempt domestic wells.  Prior to the ruling, those drilling exempt wells were merely required to file for a “permit” that would be automatically approved by the State Engineer.  The recent ruling requires the State Engineer to review […]

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Irrigation District is Holder of Water Rights Subject to Transfer

Oregon, Water law / By

Written by Dominic Corollo In early July 2008 the Oregon Supreme Court ruled that the party with an ownership interest in a certificated water right is the party who initiates and completes the statutory steps necessary to acquire the water right and certificate.  It is not necessarily the person who physically puts the water to

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Quagga Mussel Poses Threat to Western Water Systems

Idaho, Nevada, Oregon, Washington / By

By Dominic Corollo The House Subcommittee on Water and Power held a hearing adressing concerns over the impacts of invasive quagga mussels on Tuesday, June 24, 2008. The hearing, entitled “The Silent Invasion: Finding Solutions to Minimize the Impacts of Invasive Quagga Mussels on Water Rates, Water Infrastructure and the Environment,” particularly focused on the threat

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EPA Reaffirms Clean Water Permits Not Needed for Water Transfers

Water law / By

(June, 9th 2008) Today the Environmental Protection Agency (EPA) announced a new rule excluding transfers of water from one body of water to another from the permitting requirements of the National Pollutant Discharge Elimination System (NPDES).  The new rule stipulates that water transfer activities that do not introduce pollutants into transferred water will not be subject to NPDES regulations.  The rule defines

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OWRD Agrees to Address Well Alteration Concerns

Water law / By

The Oregon Water Resources Department (OWRD) committed to initiate a rulemaking to address concerns by well drillers and contractors over potential liability for well alterations under current OWRD policy. OWRD’s historic policy allowed well alterations without automatically requiring that the entire well be brought up to current construction standards.  However, recent Department policy now requires

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Remebering John Keyes

Water law / By

Retired Reclamation Commissioner John Keyes passing is sad news. I first “engaged” Reclamation with John at the helm in the Boise Regional office in 1992 when working for the Teel Irrigation District. We were dealing with issues surrounding “water spreading” then making headlines in the Umatilla Project by Water Watch of Oregon. Over the years,

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Tri-State Meeting

Idaho, Oregon, Washington / By

     The Oregon Water Resources Congress (OWRC), the Washington State Water Resources Association (WSWRA) , and the Idaho Water Users Association (IWUA) met in Spokane Washington on May 16, 2008 for the first of three Tri-State Meetings to be held this year.      OWRC, WSWRA, and IWUA are all organizations which promote the protection and use

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TCID Flood Issues: Part 2

Case Law, Nevada, Water law / By

The Federal Court made its decision on the jurisdictional question by sending the case back to Lyon County District Court last week. See http://www.kesq.com/Global/story.asp?S=8229832 for more information. Interestingly, many farmers have still not received water that is due to them as insufficient flows continue in the Truckee-Carson Canal. Crops are being stressed and damaged. Many

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The First Scoop

Oregon / By

Storage capacity is obviously an important aspect of any municipal or domestic water supplier’s system. Increased storage capacity does any number of things for a water provider, including reducing the strain on equipment during summer peak demand times, increasing a water provider’s day-to-day flexibility, and providing for water during times of emergency. We recently attended

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State or Federal Jurisdiction over TCID Flood Issues?

Case Law, Nevada, Water law / By

In the aftermath of the January 2008 flood after the Truckee-Carson Canal break, many lawsuits have been filed.  These suits have been filed in both state and federal courts in Nevada and present many questions as to which Court holds jurisdiction to hear these issues.  Proper jurisdiction depends on the parties to the lawsuit as

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Auditing Management Contracts

International / By

Armenia’s Public Services Regulatory Commission (PSRC) has suggested that new operator contracts with Yerevan Water require provisions requiring audit controls. Given some commentator’s thoughts on the management failures of the present agreements this request is not surprising. Providing contract requirements for audits is not uncommon. However, determining what audit level is appropriate for a domestic

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