Nevada State Engineer Seeks Water Conservation Programs

Will Nevada establish water conservation programs? The Nevada Division of Water Resources, Office of the State Engineer (“NDWR”) under the direction of Acting State Engineer Adam Sullivan distributed two draft bills to various lobbying entities.  One seeks to establish a water bank system while the other considers the creation of water conservation initiatives.  As of […]

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Nevada Assembly Considers Water Related Bills

The Nevada Assembly Committee on Natural Resources (“Committee”) is considering a handful of water related bills in the upcoming 2021 legislative session. While we are continually receiving notice of new proposed bills, we wanted to provide a brief summary on the first few we reviewed.  Assembly Bills (“AB”) 5, 6, and 15 were prefiled for

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California’s Water Futures Trading

Trading Water as a Commodity Unappropriated water has long been considered a public resource. It is subject to private ownership rights and development, to be sure. But the law generally treats water differently compared to commodities like consumer goods or other natural resources like lumber. The UN recognized water’s essential role in the public commons

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Nevada Water Legislation Workshops are Coming Up!

    Nevada Division of Water Resources (“NDWR”) has drafted proposed water related regulations and the public is encouraged to get involved by attending the upcoming workshops. The draft regulations concerning water use are R169-20 (concerning extensions of time) and R170-20 (concerning Water Right Surveyor licenses). R169-20 This draft regulation proposes, among other things, to

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NDWR

NDWR Extension on Comments and Testimony on Proposed Orders

The Nevada Division of Water Resources (NDWR) gave notice to extend the deadline for submitting written comment and testimony on Proposed Orders to Designate Hydrographic Basins related to the hearings held October 12- October 26, 2020. Information on the hearings is available at: http://water.nv.gov/hearings.aspx. December 1, 2020 is the new deadline for written testimony, noting

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Survey of SOTWI

Survey by AWWA Details Challenges Facing the Water Industry

The State of the Water Industry Survey In the June 2020 issue of Opflow, the American Water Works Association published a survey of 3,351 water industry professionals. The State of the Water Industry (SOTWI) survey identifies challenges to the water industry and seeks to understand their causes. Several issues regarding water resource management made the

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Update: Is an Aquifer’s Pore Space Public or Private Property?

In a previous blog, we looked into who owns an aquifer: does it belong to private individuals or the public? Under the ad coelum doctrine, the surface owner holds the ground itself – rocks, dirt, and the like – as private property, owned all the way down to the Earth’s core. On the other hand,

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Nash Natural Beef Focuses on Customers During COVID-19

This post is one of a series highlighting the ways in which water users have adapted to life in the time of COVID-19. Todd Nash is a rancher, Wallowa County Commissioner, and President Elect for the Oregon Cattlemen’s Association. He and his wife, Angie, own Nash Natural Beef. They run primarily an angus cow-calf operation in

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NDWR Notices Hearings on Proposed Orders for Hydrographic Basins

The Nevada Division of Water Resources (NDWR) posted Notices for Hearings for Proposed Orders for hydrographic basins within numerous Nevada Counties. These include: Churchill, Clark, Elko, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Washoe, and White Pine Counties.  NDWR scheduled the hears for October 12, 2020 through October 26, 2020.  Information on the

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USDA SEEKS PUBLIC INPUT ON AGRICULTURE INNOVATION AGENDA

What is the Agriculture Innovation Agenda? The USDA seeks to stimulate agriculture innovations that by 2050 will (1) increase agricultural production by 40%, and (2) reduce the environmental footprint of U.S. agriculture by half. Other benchmarks include: Reduce food loss and waste by 50% by 2030 Build landscape resiliency by investing in active forest management

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Nevada Division of Water Resources’ Draft Regulation Amendments

By Therese Ure and Lisa Mae Gage Nevada Division of Water Resources (“NDWR”) submitted draft administrative regulation amendments to the Legislative Council Bureau for this regulation cycle (the proposed amendments can be found at http://water.nv.gov/documents/NDWR_Prop_Admin_Regs-Hearings_EOT_Water_Right_Surveyor_6-8-2020.pdf ). A public workshop concerning the administrative regulation amendments was hosted by NDWR on June 24, 2020 wherein NDWR received

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Well Sharing Agreements

Well Sharing Agreements: Good Agreements Make Good Neighbors!

Well sharing agreements are more common than you might expect! These types of agreements allow neighbors to share a well along with the costs for electricity and maintenance. However, there are several pitfalls that can be a big headache for landowners! What are well sharing agreements? Basically, these kinds of agreements are a combination of

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In Case You Missed It: Schroeder and Schroeder Present “Stockwater On and Off Public Land”

In case you missed it, on June 10, 2020, Schroeder Law Offices presented a webinar on stockwater on and off public land.  Panelists included Laura Schroeder and Therese Ure of Schroeder Law Offices, P.C. and Alan Schroeder of Schroeder Law in Boise Idaho.  The panelists discussed stockwater in Nevada, Idaho, and Oregon. The webinar’s topics

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COVID-19 Webinar Series: BLM Asks Grazing Permittees to Sign Limited Agency Agreements for Stockwater on Federal Land

Please join, Laura Schroeder and Alan Schroeder for a bonus COVID-19 webinar on Idaho Limited Agency Agreements for Stockwater on Federal Land.  The webinar will be held on June 19, 2020 from 11:00 AM to 12:00 PM Pacific. You can register here. Grazing permittees and licensees in Idaho have recently been receiving Limited Agency Agreements

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Protect water access

COVID-19 Webinar Series: Easements: Acquire, Maintain and Protect Water Access Including Well Share, Ditches, and Pipelines

In the final COVID-19 webinar, Laura Schroeder, Therese Ure, and Sarah Liljefelt discuss various types of easements and how to protect water access. The webinar airs on June 17, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here! First, learn the different types of easements, how they are created, and when

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NDWR Proposes Substantial Changes to Water Right Procedures

           The Nevada Division of Water Resources (NDWR) proposes substantial changes to Nevada’s water right procedures.  The agency first announced the proposed changes when it released a Small Business Impacts Survey on June 1, 2020. The survey invited participants to state if they believed the proposed regulation amendments would impact small

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