Developments in legislation relating to water law issues
In April 2024, the Environmental Protection Agency (“EPA”) announced a new maximum contaminant level (“MCL”) for monitoring and regulation of six PFAS (Perfluoroalky and Polyfluoroalkyl Substances, aka “forever chemicals”).
Learn More About EPA’s New PFAS Safe Drinking Water Standards Read More »
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,
Nevada Supreme Court Weighs in on Conjunctive Management Read More »
The Oregon Legislature’s short session officially begins today, February 1st. It is anticipated that water users and water managers alike can catch their breaths somewhat during the short session, since not as many water-related bills will be considered. The 2021 regular session was a marathon for those of us closely following or involved in water
Oregon Short Session & Water-Related Bills Read More »
In the 2021 Nevada legislative session the Assembly considers nine water related bills and the State considers 15 water related bills total. The 2021 legislative session began on February 1, 2021 and will conclude on June 1, 2021. The Assembly bills are in various stages of consideration as the session approaches its conclusion. However, the
Nevada Assembly Considers Nine Water Bills Read More »
2021 Idaho legislation seeks to classify irrigation pivot corners for taxation. House Bill 252 proposes additional language to Idaho Code, Title 63. This language would ensure county assessors classify pivot corners as agricultural land. Pivot corners are the parts of a square parcel that a center-pivot irrigation system misses. Idaho law considers land “farmland” and
Idaho Legislation Seeks to Classify Pivot Corners Read More »
The Idaho Senate introduced ten water related bills this legislative session in addition to the twelve the House introduced. Like many of the House bills, some of the water related Senate bills already passed both houses. Others are in various stages of committee or legislative review. The Senate bills considered this legislative session are briefly
Idaho Senate Introduced Ten Water Bills Read More »
In the 2021 legislative session, the Idaho House introduced twelve water related bills and the state considers twenty-two water related bills in total. The session began on January 11, 2021 and as of March 18, 2021, one of the proposed water bills is already law, one is before the Governor for signature, and multiple others
Idaho House Introduced Twelve Water Bills Read More »
The discussion of a specialized water judiciary is ramping up as Nevada considers creating water courts in both the legislative and judicial branches. I. Proposed Legislation On November 18, 2020, Senate Joint Resolution No. 1, commonly known as SJR1 was pre-filed for the 2021 legislative session. SJR1 was originally proposed by the Nevada Division of
Nevada Considers Creating Water Courts Read More »
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
Nevada State Engineer Seeks Water Conservation Programs Read More »
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
Nevada Assembly Considers Water Related Bills Read More »
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
Nevada Water Legislation Workshops are Coming Up! Read More »
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
Nash Natural Beef Focuses on Customers During COVID-19 Read More »
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
USDA SEEKS PUBLIC INPUT ON AGRICULTURE INNOVATION AGENDA Read More »
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
Nevada Division of Water Resources’ Draft Regulation Amendments Read More »
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
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
Can Nevada gardeners collect rainwater? As Northern Nevada’s last frost approaches, gardeners are gearing up to transplant seedlings and get plants in the ground. However, with planting comes watering. Nevada gardeners are all too aware of this as they battle the summer heat. In a state as arid as Nevada, garden watering occurs frequently. Water
Can Nevada Gardeners Collect Rainwater? Read More »
It’s time to call your Congressman—House Bill H.R. 5737, introduced on January 30, 2020 proposes the implementation of procedures to permanently retire federal grazing allotments. H.R. 5737 or the “Voluntary Grazing Permit Retirement Act” (the Act) proposes the ability of grazing permittees to sell or “waive” their right to graze under their Bureau of Land
Associate Attorney Jakob Wiley recently co-authored an article titled “Groundwater Management: The Movement Toward Local, Community-Based, Voluntary Programs” in the Kansas Journal of Law and Public Policy (Volume 29, Issue 1) available for download here. Jakob’s contribution provided the western United States’ examples and perspectives for the paper. The paper is a product of a
Associate Jakob Wiley Publishes Groundwater Management Article Read More »
In 2014, the Idaho Department of Water Resources (“IDWR”) proposed adjudicating water rights in the Bear River Basin in Southern Idaho. Now, nearly 6 years later, a bill that would allow IDWR to commence the adjudication is up for legislative consideration. The Idaho House of Representatives unanimously passed House Bill 382 (“HB 382”) on February
Bear River Basin Adjudication Legislature Moves Forward Read More »
