Legislation

Developments in legislation relating to water law issues

Get Involved in the Integrated Water Resources Strategy!

The 2009 Legislative Session passed House Bill 3369. Among other things, this Bill tasked Oregon Water Resources Department (OWRD) with developing Oregon’s Integrated Water Resources Strategy (IWRS). The IWRS goals are to build resources and tools to assist Oregon in looking at its future water needs in terms of water quantity, water quality, ecological needs, […]

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Oregon’s New Exempt Well Mapping and Fee Requirements

The 2009 Legislative Session was full of excitement for Oregon’s water users. Specifically, new laws face those looking to drill a new ground water well for an exempt use. Oregon’s exempt ground water uses are outlined in ORS 537.545. These exempt uses include drilling a well for single or group domestic purposes not exceeding 15,000

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Oregon Inheritance Tax Credit for Farms, Forestland and Fisheries

By Therese Ure and Nicole Widdis Those inheriting natural resource property — which may include land used for farming, forestland or a commercial fishing operation — may qualify for the Natural Resources Tax Credit. Oregon Revised Statute 118.140 allows credit towards inheritance tax obligations based on the value of natural resource and commercial fishery properties,

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TCID Water Allocations Increase, as do District Assessments!

TCID announced that water allocations in the District are being increased from 80% to 90%. The District made this decision after Lahontan Reservoir levels continued to rise. Water users can expect to see the adjustment reflected on their next water card. TCID also announced that due to amendments in A.B. 226, the District now has

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Should Climate Change be making its way into the Oregon Water Law Statutes?

As evidenced in the recent amendments to proposed HB 3369 concerning revisions to loan and grant funding for Oregon water projects, climate change issues are finding their way into Oregon statutes. One might ask if this is proper given the lack of science surrounding climate change issues. The Environmental Protection Agency realizes that the science

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Schroeder Law Offices to participate in the OGWA Spring Technical Conference

The Oregon Ground Water Association (OGWA) is holding their Spring Technical Conference on March 6-7, 2009 at the Oregon Garden Resort in Silverton Oregon. Schroeder Law Offices’ Therese Ure will join the panel discussion on Government Affairs which will discuss and consider the 2009 Legislation’s proposed bills relating to the ground water industry. For more

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Oregon Legislature looks at Water Right Forfeiture Law

In Senate Bill 424, Oregon considers changes to the water right forfeiture law. Currently a water right in Oregon is subject to forfeiture if the water has not been applied to beneficial use under the certificate once in every five year period. As proposed, this bill sponsored by Senator Girod and Representative Gilliam would allow

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

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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OWRD Legislative Concepts: Part 4

The next topic in the OWRD legislative concepts discussion is the creation of a water development fund. OWRD discussed updating statutory language found in ORS 541.700-541.855 addressing financial aid to communities constructing water supply projects. OWRC members expressed some concern with this item because it involved project funding. Director Ward suggested that discussion of monitory

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OWRD Legislative Concepts: Part 3

Good morning! The third part in my series of posts addresses some proposed changes to irrigation district transfer rules. Currently, when an individual transfers the place of use of a water right any supplemental rights must be transferred with it or canceled. However, the statutes controlling irrigation districts do not explicitly allow for transfer of

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OWRD Legislative Concepts: Part 2

The second topic addressed during the OWRC teleconference was modifying language pertaining to statewide mitigation banks. OWRD wants to modify statutory language to give itself explicit authority to create statewide mitigation banks. These mitigation banks can be used to offset effects of new water supply projects. This proposed statutory change drew a few comments from

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OWRD Legislative Concepts

The Oregon Water Resources Commission (“OWRC”) had its monthly conference call on Monday. In attendance were a majority of the OWRC members including: Ray Williams, Jay Rasmussen, Susie L. Smith, Dan Thorndike and Charles Barlow. Oregon Water Resources Department (“OWRD”) Director, Phil Ward, and a handful of his staff members were in attendance. Those attending

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