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 […]
California’s Water Futures Trading Read More »
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
Survey by AWWA Details Challenges Facing the Water Industry Read More »
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,
Update: Is an Aquifer’s Pore Space Public or Private Property? Read More »
The Public Trust Doctrine is seeping to California’s aquifers, bringing something like conjunctive surface water and groundwater management to the state. Conjunctive management is a legal approach to managing surface water and groundwater as an interconnected resource. Often states separate the regulation of groundwater from surface water. Conjunctive management attempts to reconnect the regulation of
Are aquifers public or private property? The question is more complicated than it first appears! To answer the question, one must dive down into the fundamental origins of our legal system, fraught with complicated Latin phrases, just like the dangers of the deep itself! Aquifers are scientifically defined as a “body of permeable rock
Who Owns An Aquifer? Read More »
On October 23, 2018, President Trump signed America’s Water Infrastructure Act (“AWIA”), also known as the Water Resource Development Act, into law. This bipartisan bill, which previously passed the House of Representatives on September 13, 2018 and the Senate on October 10, 2018, aims to improve dams, levees, ports, and waterways throughout the United States.
America’s Water Infrastructure Act Signed into Law Read More »
Incoming J.D. Paralegal (Attorney upon Bar passage) Jakob Wiley attended the University of California Cooperative Extension’s regular Rice Production Workshop held at Lundberg Family Farms in Richvale, California. The seminar was attended by farmers, local businesses, and water district personnel, providing a broad overview of rice production and the challenges faced by producers. Water in
Incoming Attorney Attends California Rice Production Workshop Read More »
Authored by: Valley Urricelqui Reno Office summer intern, Valley Urricelqui is a Beef Ambassador. A “Beef Ambassador” promotes and helps shine a brighter light on the Beef Industry. A Beef Ambassador is a knowledgeable public figure of the Beef Industry that informs the public of the health benefits of beef as well as helps to gain
Learn about our Summer Intern’s experience as California State Beef Ambassador! Read More »
Authored by: Valley Urricelqui Did you know that an animal’s performance is based, in part, on their water intake? Water is the most essential component for livestock’s proper growth, development and performance. How much water do you think cattle drink each day? Well there are a lot of different factors that lead up to that.
What is Livestock Watering? Read More »
Today is World Food Day and we see many promoting their initiatives to fight hunger as they celebrate October 16, 1945 – founding day of the Food and Agriculture Organization of the United Nations. One of Schroeder Law Offices’ missions is to support people feeding the world. We do this by offering legal services for
October 16, 2017: World Food Day Read More »
In February 2017, the town of Oroville, California was in for quite the surprise! Butte County Sherriff’s Office issued a mandatory evacuation notice as the full reservoir (Oroville Lake) above Oroville threatened to wash out residents. The reservoir’s dam spillways were severely damaged by increased water flow caused by the seemingly unceasing rains. Now the
Oroville Dam Rebuild Read More »
Co-Authored By: Attorney Therese Ure & Lisa Mae Gage In August 2015 the United State Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) put their stamp of approval on the Waters of the United States (“WOTUS”) final rule. The WOTUS rule significantly expanded the definition of “waters of the United States”
New studies have shown that a large number of older farmers are concerned with their ability to find a successor who is able to afford to buy their land, thus putting their plans for retirement at risk. Currently, the average age of the American farmer is 58 years old. Only less than 6% of American
Next Generation Farmers Need Our Help Read More »
Rights-of Way on Public Lands and Administrative Avoidance Century old rights-of-way uses of public lands can only be confirmed through a long, expensive federal court process. Because the Bureau of Land Management (BLM) and U.S. Forest Service (USFS) cannot determine the validity of water delivery and road rights-of-way on public lands, farmers, ranchers, and local
Rights-of Way on Public Lands and Administrative Avoidance Read More »
California Water Right Ownership Updates Required The State of California wants to know when you sell or transfer water rights. As part of any land use transaction involving water rights, regulations require landowners to provide notice to the Water Resources Control Board (WRCB) when water rights transfer to new owners. The WRCB will accept any
California Water Right Ownership Updates Required Read More »
California’s Sustainable Groundwater Management Act Regulations Issued California’s Sustainable Groundwater Management Act (“SGMA”) was passed in 2014. The SGMA requires local agencies to bear the burden of creating, implementing, and enforcing Groundwater Sustainability Plans (“GSP”) in certain groundwater basins to manage the aquifer in a “sustainable” manner. The California Department of Water Resources (“CDWR”) recently
New Sustainable Groundwater Regulations Read More »
On April 6, 2016, amendments to the Klamath Hydroelectric Settlement Agreement (KHSA) and the new Klamath Power and Facilities Agreement (KPFA) were signed at a ceremony at the mouth of the Klamath River on the Yurok Indian Reservation. These changes come in the wake of the Congress’s decision not to pass legislation for the Klamath
Update: Klamath Basin Agreements in 2016 Read More »
On May 9, 2016, Governor Jerry Brown of California signed an executive order making certain water conservation measures permanent. The measure is meant to build on temporary emergency water restriction in place since last year. Brown’s office reports that “between June 2015 and March 2016, Californians reduced water use by 23.9 percent compared with the
Executive Order Makes California Water Conservation Permanent Read More »
In the Northwest, a substantial percentage of our power comes from hydroelectric projects. California’s new legislation requires utilities to provide electricity from 50% renewables by 2030, and Oregon’s new legislation requires the same by 2040. The hydro power industry is viewing these renewable standards as creating continuing demand for hydro power, but several trends are
Renewable Energy Demand Grows; Hydro Power Faces Challenges, Opportunities Read More »
Schroeder Law Offices is proud to announce Portland’s Managing Attorney, Sarah Liljefelt, has been promoted to Junior Partner. Sarah has been with the firm since 2009 as a law clerk, and joined the firm full time after receiving her Juris Doctorate and Certificate in Environmental and Natural Resources Law from Northwestern School of Law of Lewis
Announcing Sarah Liljefelt as Junior Partner! Read More »
