Water Right: Application to Certificate

Oregon / By

Applicants obtain water rights through Oregon Water Resources Department (OWRD) in a process dictated by statute and rule.  There are three general phases to obtaining water rights: Water Right Application Water Right Permit Water Right Certificate The administrative process undertaken by OWRD from the application stage to the certificate stage is detailed and specifically governed by the applicable rules. Because the […]

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Boardman to Hemingway: Meeting in Ontario

Oregon / By

A meeting was held on Monday, November 3rd wherein many landowners were educated on many issues surrounding the B2H high powered transmission project. For more information on the meeting, follow this link: http://www.argusobserver.com/articles/2008/11/04/news/doc49108e808f901907365579.txt Schroeder Law Offices was in attendance at this meeting and urged landowners to participate in submitting comments to the Bureau of Land

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Implications of Fort Vannoy

Case Law, Oregon / By

By Laura Schroeder  After Ft Vannoy, permits or appurtenant water right certificates inside irrigation districts or organization are subject to third party determinations. Both landowners and irrigation districts/organizations should take action now to determine their own fates as to those permitted uses and water rights diverted, delivered, and/or in the name of the district or

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The Boardman to Hemingway (B2H) Transmission Line Project may affect your property interests!

Idaho, Oregon / By

The B2H Project will construct a new high power (500 kilovolt) electric transmission line over 298 miles of private and public lands throughout North-Central to Eastern Oregon and Idaho. The B2H Project is currently scheduled to begin construction in 2011 and begin service in 2012. Between now and 2011, the project is undergoing the permitting

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Statewide Water Roundtable: Salem Meeting

Oregon, Water law / By

This fall, facilitators from Oregon State University, private business and Representative Jackie Dingfelder, Chair of the House Energy and Environmental Committee, have conducted a series of roundtable meetings throughout the State of Oregon to discuss Oregon’s current water situation with water users and citizens of this state. The stated purpose of these meetings has been to idenitify Oregon’s water

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Recreation Contracts: An opportunity for owners of water storage facilities

Nevada, Oregon / By

Throughout the arid West, water users, state agencies and federal agencies have constructed reservoirs and ponds of varying size and capacity to store water for a variety of uses. Many irrigation districts or other water delivery organizations have acquired sizable reservoirs that were initially constructed by the Bureau of Reclamation or another federal agency for the

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Wind Power; Is it Worth It for the Landowner?

Idaho, Nevada, Oregon, Washington / By

One can’t help but notice the increasing amount of wind-generation farms that are being installed throughout Oregon, Washington and the U.S.  At first glance, wind energy seems like a great idea with many people looking to jump on the bandwagon.  It provides clean renewable energy and helps stabilize energy costs and our nation’s dependence on

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September 1, 2008 Deadline for Reporting Unpermitted Dams to Dept. of Ecology

Legislation, Washington, Water law / By

By Lynn Steyaert and Laura Schroeder As a result of concerns relating to failures of unpermitted dams, the Department of Ecology issued notice that owners of small reservoirs built without permits must report their dams for safety inspections by September 1, 2008 or face possible fines.  Following an inspection, owners may be required to hire

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New Focus for Evaluating Extension Applications

Nevada, Water law / By

By Lynn Steyaert  At the end of last year, the Nevada Division of Water Resources issued a bulletin to water right professionals notifying them that the Division will be refocusing its review of applications for extension of time for proof of completion of works or extensions of time for proof of beneficial use.  NRS 533.380(3) precludes

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Domestic and Stock Water Claims in Northern Idaho Adjudication

Idaho, Water law / By

By Laura Schroeder and Lynn Steyaert The commencement hearing for the Northern Idaho Adjudication (NIA) is set for August 28, 2008. The State of Idaho has petitioned the court to approve a process for deferring the adjudication of small domestic and stock water use rights.  If approved, small domestic and stock water users may elect to

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USGS Report Focuses on Nation’s Ground Water Supply

Water law / By

The U.S. Geological Survey (USGS) recently released a new report entitled “Ground-Water Availability in the United States.”  The article is written for a broad range of audiences which makes an interesting read for anyone interested in what scientists know (and don’t know) about the nation’s groundwater supply.  In addition, comprehensive maps and diagrams illustrate the

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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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