Case Law

Developments in case law relating to water law issues

Nevada Supreme Court Weighs in on Conjunctive Management

Case Law, Legislation, Nevada, Water law / By

Conjunctive management recognizes there may be a hydrological connection between groundwater and surface water within an area. This means, drawing down groundwater may affect the availability of surface water, and vice versa. In prior appropriation states like Nevada, where senior water rights have priority, surface water rights will generally trump groundwater right. In January 2024, […]

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Clean Water Act of 2023

Case Law, Water law / By

Democrats in the U.S. House of Representatives have taken action to clarify the Clean Water Act following the Sackett decision, introducing new legislation into Congress in October of 2023. The purpose of the “Clean Water Act of 2023” is to counteract the narrow interpretation of the term “navigable waters” set forth in the Supreme Court’s

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Supreme Court Case Sackett v. EPA Will Decide Which Wetlands Are Federally Protected According to the Clean Water Act

Case Law, Water law / By

On October 3rd, 2022, the Supreme Court heard the oral argument for the first case of its 2022-2023 term: Sackett v. EPA. The case calls into question the definition of “Waters of the United States” (WOTUS), as it will decide the proper test to determine which wetlands are considered WOTUS, and therefore subject to federal

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Example of Agency Deference

Agency Deference

Case Law / By

Laura Schroeder and Therese Ure Stix joined Alan Schroeder in questioning agency deference in a recent op-ed piece published by the Capital Press: Commentary: Get ready for sage grouse management plan 4.0 | Columns | capitalpress.com It is not unusual for natural resource attorneys to be on the opposing side of federal and state agency

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In Case You Missed It: Schroeder Law Offices Presentation regarding Water Right Adjudications

Case Law, Earth, Legislation, Nevada, Oregon, Presentations, Water law / By

By Therese Ure and Lisa Mae Gage In case you missed it, on May 13, 2020, Schroeder Law Offices presented a very informative webinar regarding water right adjudications. (To view the full webinar, please visit https://www.water-law.com/webinars/water-right-adjudication/). During this webinar, attorneys Laura Schroeder and Therese Ure provided attendees with valuable information concerning water codes in Oregon

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Water Efficiency and Return Flow

The “Dark Side” of Water Efficiency: The Rise of Return Flow Injury

Case Law, Oregon, Water law / By

The adoption of efficient water technologies is identified as a goal under Oregon Water Resources Department’s (“OWRD”) 2017 Integrated Water Resources Strategy (https://www.oregon.gov/OWRD/programs/Planning/IWRS/Pages/default.aspx). For agricultural uses, weather-based irrigation, soil moisture controls, computer controlled irrigation, and piping and drip irrigation systems are being developed to substantially reduce the amount of water applied to land for the

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SGMA and Public Trust

Backdoor Conjunctive Management: How the Public Trust Doctrine Seeped into Aquifers in California

California, Case Law, Legislation / By

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

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Oregon Law Prohibiting Motorized Mining in Salmonid Habitat Is Not Preempted by Federal Law

Case Law, Oregon, Water law / By

In 2013, the Oregon legislature adopted Senate Bill 838, which imposed a five year moratorium on motorized mining techniques in rivers and streams designated as essential salmon habitat.[1] A group of mining companies, a mining district, and individual miners with mining claims on federal lands in Oregon who use motorized mining techniques called “suction dredge

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Oregon Groundwater Presentations

Case Law, Legislation, Oregon, Presentations, Water law / By

Attorney Sarah Liljefelt presented at Halfmoon’s Water Laws and Regulations seminar on June 7th on the topic of Oregon Groundwater, teaching a group of engineers about groundwater ownership, regulation, and acquisition of groundwater use rights in Oregon. This week, on June 28th, Sarah will present at the Oregon State Bar Environmental & Natural Resources Section’s

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WOTUS Rule Litigation Update

Case Law, Legislation, Water law / By

In 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued a joint administrative rule, the “WOTUS Rule,” attempting to define the statutory term “waters of the United States” within the Clean Water Act (“CWA”) in order to more clearly define the agencies’ jurisdiction. Schroeder Law Offices summarized the background and

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NV Supreme Court Issues Opinion Protecting Senior Users

Case Law, Nevada, Water law / By

By: Lisa Mae Gage and Therese Ure On September 27, 2017, the Supreme Court of the State of Nevada issued an opinion concluding the longstanding battle between the Nevada State Engineer, Nevada Division of Water Resources and Kobeh Valley Ranch LLC (“KVR”), and Eureka County, Kenneth F. Benson, Diamond Cattle Company, LLC., and Michel and

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Fish Persistence in Municipal Water Permit Extensions

Case Law, Oregon, Water law / By

On December 31, 2014, the Oregon Court of Appeals decided WaterWatch of Oregon Inc., v. Water Resources Department, 268 Or. App. 187 (2014). The Court of Appeals reviewed three final orders for extensions of time for municipal water permits in the Clackamas River. After contested case hearings, the Water Resources department granted the extensions, subject to fish persistence

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Nevada Water Right Transfer Litigation Finally Ends

Case Law, Nevada, Water law / By

Federal Judge Robert C. Jones called Schroeder Law Offices attorney Laura Schroeder and others to court today to end 29 years of litigation related to over 200 transfer applications filed by various farmers in the Newlands Project, Nevada.  These transfers were tied up for years by the Pyramid Lake Indian Tribe appeals to Nevada State

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Water Districts Successfully Appeal Takings Case Against BOR

Case Law, Water law / By

Today- September 30, 2009, the Federal Circuit Court of Appeals issued a major decision in favor of Stockton East Water District and the Central San Joaquin Water Conservation District determining that the US Bureau of Reclamation and the Districts have binding contracts for specified quantities of water to which Reclamation is obligated to provide. The underlying trial court, the Court of

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