The 2025 Nevada Legislative Session has begun. It’s looking like a busy session for water bills. Four bills caught my attention and we thought we should share them with you!
The main perk for those with approved conservation plans is that their water rights are not subject to abandonment pursuant to NRS 534.090.
Assembly Bill 104 and Senate Bill 36
AB 104 proposes to establish an Account for Retiring Water Rights and the Nevada Voluntary Water Rights Retirement Program (“Program”) to be administered by the Director of the State Department of Conservation and Natural Resources (“Director”).
The Program would allow the Director to accept applications for the purchase and retirement of water rights until June 30, 2035. Under this proposal, the State Engineer will retire the water rights that are purchased and the water will not be available for appropriation. SB 36 has nearly identical provisions but calls the Program the Nevada Water Buy-Back Initiative.
Also contained in AB 104 is a section proposing to change the name of temporary permits to revocable permits. There is also a section prohibiting domestic well drilling if the property is within 1,250 feet of a public entity service line.
Assembly Bill 265
AB 265 proposes to amend NRS Chapter 533 to require the Nevada Division of Water Resources to notify water appropriation applicants if a committee is assigned to review the application. The bill places deadlines on the committee to complete the application review within 30 days after the protest deadline passes if no protests are timely filed, and within 60 days if a protest is received. The bill goes on to set deadlines for the State Engineer to act on other processes including reviewing applications for water use, extension of time applications, and confirming reports of conveyance to update water right ownership inforamation.
Lastly, under AB 265, the State Engineer will be required to notify a permit holder 30 days before the due date that a permit will be held in cancellation if a proof of completion of work or proof of application of water to beneficial use is not filed.
Take Aways from the 2025 Legislative Session
These bills illustrate the increasing necessity to conserve water resources in Nevada while safeguarding senior priority water rights. Additionally, AB 265 addresses the increasing concern over the backlog in the State Engineer’s office. It sets deadlines to allow for the prompt administration of water rights. Now it will be up to the State Legislature and the Governor to decide if these bills will become law.
Training for Nevada Water Judges
Is Specialized Training for Nevada Water Judges Working?
Most agree that the Nevada Supreme Court’s initiative to provide specialized training for Nevada water judges was a significant step towards improving the adjudication of water law cases in the state. However, the jury is still out when it comes to determining the overall success of the program. This initiative, launched as a pilot program in January 2024, aims to enhance the expertise of district court judges in handling complex water law issues.
The certification process involves judges submitting an application and completing a training program. Supreme Court Rule 18, which outlines the criteria for water law cases and the assignment process. governs the program. Nevada looks to the Dividing the Waters[2] program at the National Judicial College for curriculum and will require these Nevad water judges to undergo continued legal education. So far the program has not heard many cases, suspecting the reprieve in drought and abundant water supply in the last few years as correlating with the reduced number in cases coming before court. However, the program will likely reconvene at the end of the three-year pilot time period to review the statistics to assess the success of the program.
Justice Parraguirre’s Insights at the NWRA Conference
At the recent Nevada Water Resources Association (NWRA) conference, Justice Ron Parraguirre of the Nevada Supreme Court delivered a keynote presentation highlighting the progress and challenges of the pilot program for Nevada water judges. Justice Parraguirre emphasized the importance of specialized training in ensuring efficient and consistent administration of water law cases. Justice Parraguirre also discussed the ongoing efforts to refine the training curriculum based on feedback from Judges and stakeholders. Currently, the program is aimed at NRS Chapter 533 use in management of water use, regulating and understanding surface water and groundwater connections, water rights adjudications, and understanding vested and subordinate water rights, among others.
Justice Parraguirre’s presentation underscored efforts in the judiciary and at NWRA in addressing water law and technical issues. He praised the NWRA for its role in providing valuable resources and training opportunities for all water professionals. Justice Parraguirre advised that the one thing water experts can do better is teach! Being able to break down concepts and teach those in the court room is key to the successful and consistent administration of water cases.
Water Use Efficiency and Conservation in Las Vegas: A Model for Arid Cities
Las Vegas, a city renowned for its vibrant nightlife and extravagant resorts, is also becoming a beacon of water use efficiency and conservation. Nestled in the Mojave Desert, Las Vegas faces unique challenges in managing its water resources. With approximately 90% of its water supply coming from the Colorado River, the city has had to innovate and implement stringent measures to ensure sustainable water use.
The Challenge of Water Scarcity
The Southwest United States, including Las Vegas, has been grappling with prolonged droughts and decreasing water levels in the Colorado River. This situation has necessitated a shift from water abundance to water use efficiency. Las Vegas, with its growing population and tourism industry, has had to adopt aggressive water-saving strategies to meet its needs without exhausting its resources.
Innovative Water Conservation Measures
One of the most notable initiatives is the Southern Nevada Water Authority’s (SNWA) turf removal program. This program incentivizes residents and businesses to replace water-intensive grass with drought-tolerant landscaping. Since its inception, the program has successfully removed approximately 200 million square feet of turf, saving significant amounts of water.
In addition to turf removal, Las Vegas has implemented several other measures:
Water Restrictions: The city has imposed strict regulations on water use, including limiting pool sizes, restricting personal car washing, and prohibiting the installation of new swamp coolers.
Leak Detection and Repair: The SNWA has a robust system for detecting and repairing leaks, ensuring that water is not wasted through infrastructure inefficiencies.
Efficient Fixtures and Appliances: Programs encouraging the use of water-efficient fixtures and appliances in homes and businesses have been highly effective. These upgrades not only save water but also reduce energy consumption and greenhouse gas emissions.
The Impact of Conservation Efforts
The results of these efforts have been impressive. Over the past two decades, Southern Nevada has added about 750,000 residents while reducing its Colorado River water consumption by 31%. This achievement underscores the effectiveness of the city’s water management strategies and serves as a model for other arid regions facing similar challenges.
Creative Solutions for Future Growth
Innovative water conservation strategies are not just about survival; they are key to enabling future growth. Cities that adopt creative solutions such as rainwater harvesting, greywater recycling, and smart irrigation technologies can manage their water resources more efficiently. These methods help cities to sustain their populations and support economic development even in the face of diminishing water supplies.
For instance, rainwater harvesting systems capture and store rainwater for various uses, reducing the demand on municipal water supplies. Greywater recycling systems allow the reuse of water from sinks, showers, and washing machines for non-potable purposes, significantly lowering freshwater demand. Smart irrigation technologies optimize water use in landscaping by adjusting to weather conditions and soil moisture levels, ensuring that green spaces receive the precise amount of water needed.
Conclusion
Las Vegas’ journey towards water efficiency and conservation is a testament to the power of innovative thinking and proactive management. By adopting a comprehensive approach that includes regulatory measures, technological advancements, and community engagement, Las Vegas is not only securing its water future but also setting an example for other cities in arid regions. As climate change continues to impact water availability, the lessons learned from Las Vegas’ experience will be invaluable in shaping sustainable water management practices worldwide.
Creative water conservation strategies will allow cities to grow sustainably, ensuring that they can thrive even as water resources become increasingly scarce. By embracing these innovative solutions, cities can secure their future and continue to prosper.
Don’t Forget – time is running out to file Vested Water Rights in Nevada!
While not a new topic on our blog, we wanted to take this opportunity to remind you that Nevada’s vested water right sunset date of December 31, 2027 is fast approaching! This deadline is the “last call” to file for any pre-water code rights. If you know that your predecessors were irrigating or watering their livestock as a “grandfathered right” on property that you own or use, and you do not have a vested or permitted water right on file with the State Engineer’s office, now is the time to determine whether or not you have the historical support to file a vested proof of appropriation. While “grandfathered” rights imply a historical right, calling it a “grandfathered” right, in and of itself, does not equate to a legal right to use water. The historical use must pre-date the water code. In Nevada, these water code dates are: 1905 for surface water, 1913 for artesian or percolating water, and 1939 for groundwater developments.
When filing a vested proof of appropriation, make sure that your water use has adequate evidentiary support to predate the water code. To assist you, we recently updated an article entitled, “How to Research Your Land and Water”. This article provides guidance on how to research the information necessary to support a vested proof of appropriation. Now is not too late to start this process!
Schroeder Law Offices Attends 2024 Nevada Agricultural Fair
Schroeder Law Offices, P.C. attorney Caitlin Skulan made her third appearance at the annual Nevada Agricultural Fair in Douglas County, Nevada. Attorney Skulan served on the 2024 Fair Board as Treasurer. In 2022, The Fair moved from Carson City, Nevada to Douglas County in order to take advantage of the larger fairgrounds and room for growth.
The Fair’s primary events are a four-day youth livestock show and three-day “MAYHEMilition” that includes lawn mower racing, figure-eight demolition car racing, and a “tuff truck” competition. The “MAYHEMilition” serves as the primary fundraiser for the youth livestock show. Local sponsors donate other funds. In the past three years, popularity and traction for the evening festivities has grown. This year, the grandstand was sold out both Friday and Saturday night! Fair organizers expect the Fair to grow further in 2025.
During the day, the focus is livestock, livestock, livestock. Regional 4-H, Grange, FFA, and Keystone Agricultural Society members partook in showing seven animal types. Animal types included cattle, swine, lambs, goats, rabbits, poultry, and horses. Each type of livestock is further divided by species as well as by purpose (breeder, dairy, or market). The show concluded with the Sunday livestock auction, directed by Attorney Skulan. The auction had a record number of buyers for the Fair, that resulted in great support for the youth selling their market animals.
The Fair is a culmination of a year’s worth of constant efforts for organization, securing vendors, sponsor outreach, and funding. The Fair Board, with the able assistance of Attorney Skulan, continues to grow and improve the event and is looking forward to an even better Fair in July 2025.
The Public Trust Doctrine and Water Rights in Nevada
In 2019, we previously posted a blog on the Public Trust Doctrine in Nevada which you can find here. Since then, the Nevada Supreme Court made its decision in Mineral Cty. v. Lyon Cty., 136 Nev. 503, 473 P.3d 418 (2020). We provide a brief recap of the Public Trust Doctrine and an update on the status of the doctrine in Nevada.
The Nevada Supreme Court formally recognized the Public Trust Doctrine in 2011 in Lawrence v. Clark County. However, the Court in Lawrence only recognized the doctrine in the context of navigable waters. In Mineral County, the Court later clarified that the doctrine applies to all waters within the state, whether navigable or non-navigable. The Court also adopted the position that the Public Trust Doctrine has been in place in Nevada since statehood, despite the doctrine not being formally acknowledged until Lawrence.
What is the Public Trust Doctrine?
The public trust doctrine “generally acts as a restraint on the state in alienating public trust resources.” Id. at 509. However, arguably the doctrine has broader implications than only the alienation of public resources by the State. The doctrine enshrines the principle that the public trust resources are owned by the State, and the State cannot use them for just any purpose. Rather, the State acts as a fiduciary. This means the State must use and maintain public trust resources for the benefit of the public. Therefore, because the State owns all the water of the State and holds those waters in trust for the public, the State has a duty to protect the water from misuse or contamination. As an acting fiduciary, the State’s protection is for the benefit of current and future residents of the State.
How does the decision in Mineral County affect your water rights?
The Court in Mineral County found that even though the Public Trust Doctrine “applies to all waters within the state, including those previously allocated under prior appropriation,” the doctrine does not allow for the reallocation of rights settled under the doctrine of prior appropriation. Id. at 506. The Court reasoned that the “state’s statutory water scheme [which is based on the doctrine of prior appropriation] is consistent with the public trust doctrine by requiring the State Engineer to consider the public interest when allocating and administering water rights.” Id. / The Court went on to explain, “in recognizing the significance of finality in water rights, our Legislature has expressly prohibited reallocating adjudicated water rights that have not been otherwise abandoned or forfeited in accordance with the state’s water statutes.” Id.
Due to the Mineral County decision, courts in Nevada will recognize the Public Trust Doctrine as it applies to the disposition of water rights by the State under the state’s statutory scheme. The Court in Mineral County cautioned “that rights holders must continually use water beneficially or lose those rights.” Id. at 518. If you need assistance ensuring your water is placed to beneficial use, research attorneys that can help you comply with State regulations.
Support Your Local Reno Farmers Markets
Are you looking for ways to support your local agricultural community this summer? Reno is crawling with local farmers markets that feature products from local farmers and ranchers. On April 21, a new farm stand by farmer owned Reno Food Systems opened. This program directs education on agricultural policies as part of its market program. Reno Food Systems farm stand is open on Sundays from 3 to 7 pm. Also, be sure to stop by the Riverside Farmers Market, located at Idlewild Park. This farmers market is open year-round on Sundays, and their central location allows a walk along the Truckee River after browsing the vendors. Although we would venture to say fresh produce is the best part of local markets, you can also find household items and handmade gifts at these Reno farmers markets.
Supporting members of our community that provide underappreciated products, such as a healthy food system, is something Schroeder Law Offices encourages. Nevada has a thriving agricultural community, and this is in large part maintained by protecting our water resources. At Schroeder Law Offices, we strive to provide farmers and ranchers with tools to maintain their businesses and support their local communities.
Bureau of Reclamation Announces New Regional Director and Full Reservoirs
On January 25-27, 2024, Schroeder Law Offices Attorney Caitlin Skulan attended the Mid-Pacific Water Users Conference in Reno, NV. The Conference Board opened the event by boasting the largest attendance to date at the 56th annual conference. Over 300 registrants attended the conference, more than 80 of which were from the United States Bureau of Reclamation (“Bureau”).
Karl Stock, Regional Director
Bureau Commissioner Camille Calimlim Touton welcomed conference attendees. Touton is the first woman, Filippino Federal Commissioner in the United States. Touton’s opening presentation centered around the Bureau’s big announcement for the California Great Basin Region. The long-standing Regional Director, Earnest Conant is retiring! Conant will be succeeded as Regional Director for the California Great Basin Region by Karl Stock. Conant will continue to serve as Senior Advisor to Touton for a short period before retiring fully from the Bureau.
Regional Updates
In addition to the Bureau’s announcement of Conant’s Retirement, the conference program included updates on the Newlands Project and the status of various water reservoirs and river supply outlooks in the Region. Among the updates was that for Truckee and Carson Rivers. The Bureau’s regional staff reported precipitation this year was at 50-70% of average, compared to the 200-300% the region experienced in 2023. However, Regional staff were not overly concerned with water supply for the irrigation season as last year brought 650,000 Acre-feet of inflow in Lahantan Reservoir. As of late January, the reservoir was at about 70% capacity. The Bureau also reported Tahoe storage at 70% and Stampede Reservoir at 88% full. The Bureau expects the reservoirs to continue to fill as the winter/spring runoff adds to inflows.
All-in-all, we at Schroeder Law Offices are happy to pass on the positive report for the water supply outlook for the 2024 irrigation season. We additionally wish Mr. Conant the best in his retirement and look forward to working with Mr. Stock regarding any future Bureau-related projects.
Water Emergency in Nevada Irrigation District
How is it that after another heavy snowfall in the Sierra, the Nevada Irrigation District (“NID”) declared a water shortage emergency within its’ service boundaries? In March of 2024, NID’s General Manager’s Newsletter requested customers cut their water use by 20% for the remainer of the year. Although the reduction is voluntary, water users in Placer and Nevada County face a limited water supply.
This declared “water reduction” emergency results from unanticipated infrastructure repairs in the Sierra Nevada headwaters. Although a sufficient water supply exists in the headwaters, a landslide produced severe damage to the Pacific Gas & Electric Company’s (“PG&E”) portion of the South Yuba Canal. Conveyance to foothill reservoirs is near impossible until repairs are made to the canal.
The South Yuba Canal acts as the primary source of water to NID’s Deer Creek System and Scotts Flat Reservoir. Given the damage, the District has limited access to normal watershed runoff and cannot recharge the South Yuba or Drum Canals. Further, a PG&E powerhouse “sustained a failure that curtailed flows into the Drum Canal that provides water to Rollins Reservoir and the Bear River”. According to the March newsletter, the PG&E should complete repairs by June 8th.
What About Irrigators in the NID?
With the irrigation season scheduled to start on April 15th, the timing poses huge inconveniences to agricultural customers. Irrigators in the District must rely on existing stored water in the Scotts Flat and Rollins reservoirs. The NID Board of Directors expressed concerns about relying upon limited water storage if the outage extends into the summer. NID estimated that any delays in repairing the South Yuba Canal will result in mandatory water restrictions.
NID provides irrigation and drinking water to more than 25,000 customers. This District is also a leading water agency in the production of clean hydropower. Many individuals and companies will be greatly affected by this situation. Lake levels over the summer could also be affected.
Nevada Supreme Court Weighs in on Conjunctive Management
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, the Nevada Supreme Court weighed in on Nevada’s conjunctive management law.
Points of Contention
With limited water availability in the arid west, it is increasingly necessary to manage both groundwater and surface water as a single management unit to protect senior water rights. However, there is an understandable reluctance on the part of some junior water rights holders to curtail water use that has gone unchecked for decades.
One point of contention is whether the best available science supports the curtailment of a junior water right– does the best available science support finding a specific groundwater use is depleting the source of a senior surface water right? How much can a junior water rights holder still use and not affect the senior water rights? The Nevada State Engineer will determine what constitutes “best available science.” Is it a full-blown scientific model, or will something less suffice?
A second point of contention has been whether the State Engineer has the authority to manage the waters of the State conjunctively. We finally have the answer: In January 2024, the Nevada Supreme Court issued its decision in Sullivan v. Lincoln County Water District recognizing the power of the State Engineer to conjunctively manage surface waters and groundwater. Case Nos. 84739, 84741, 84742, 84809, 85137, 2024 Nev. LEXIS 4 (Jan. 25, 2024).
The Court’s Decision
In reaching their decision, the Court primarily relied on provisions of the Nevada Revised Statutes (NRS) (state.nv.us) prohibiting the impairment of vested/existing water rights, “regardless of the water source.” The Court noted that “[a]ll statutorily granted water rights in Nevada are given subject to existing rights” and “[b]ecause vested water rights by definition exist prior to the grant of statutorily granted water rights… no statutorily granted water right may impair vested water rights.” Id. (citations omitted). In sum, the Court found that no matter the source, ground or surface water, the State Engineer must not allow any impairment of vested water rights. Hence, the State Engineer must have the power to conjunctively manage both sources of water in Nevada.
The Court’s decision also recognizes the legislative policy declared at NRS 533.024 “which require the State Engineer to ‘consider the best available science in rendering decisions concerning the available surface and underground sources of water’ and ‘[t]o manage conjunctively the appropriation, use and administration of all waters.” As such, the Court notes these policy declarations support the finding that the State Engineer has power to conjunctively manage the waters of the State of Nevada, decisively settling years of litigation over the matter.
What’s Next?
For years the State Engineer attempted to conjunctively manage but was hamstrung by scientific uncertainty regarding the hydrological connection between groundwater and surface water sources, leading to exhaustive litigation concerning the State Engineer’s management orders. The new Model on the Humbold River, reportedly nearing completion, will be integrated into the State Engineer’s future orders that will likely be further tested in the courts. Likewise, submission of Scientific Reports in the Lower White River Flow system were presented to the Nevada Court that will now determine if these reports are sufficient substantial evidence to support the State Engineer’s regulation orders. It will be interesting to follow the litigation to see what level of “best available science” will withstand the scrutiny of the courts.
Although the State of Nevada is well known for its’ economic sector in gaming, agricultural production is critical to many Nevada residents. Like most farmers in the arid West, Nevada farmers rely heavily on irrigation for crop production.
In the western part of Nevada, seasonal irrigation is primarily based on water that comes from snow-melt in the Sierra Nevada. Alfalfa is the primary irrigated crop, given the market demand for feeding livestock. Alfalfa, a perennial, has been a staple of crop production in Nevada for many years because when irrigated, alfalfa can provide up to four crops a year. Nevertheless, long-standing drought conditions, where water delivery allocations provide only enough water to irrigate one crop has encouraged individuals to diversify to other crops. An article presented by the University of Nevada, Reno presents potential additional benefits such as conserving soil moisture and sustainable production Crop Diversification | Extension (unr.edu).
Becoming more familiar with your “paper” water rights, and the history of water delivery allocations under them, may allow a farmer to better evaluate the potential benefits of diversifying from alfalfa, that provides a four crop return, to other crops that may only allow a one or two crop return but be compatible with the water delivery scheme that limits irrigation deliveries during drought.
PCWCD Manager Position Open
Pershing County Water Conservation District (PCWCD) is accepting applications for the position of Secretary/Manager.
A successful applicant will be responsible for managing the day-to-day operations of a 40,000-acre irrigation district located in Lovelock Nevada. This irrigation district is a surface water district receiving water from the Humboldt River water system via its privately owned and operated reservoir. This position is an at-will position to a 7 member Board. Salary commensurate with experience.
If interested, send a cover letter, resume, and three references to Peggy Holland at PCWCD by email to pholland@irrigation.lovelock.nv.us or contact 775-273-2293 for questions and a complete job description.
Employee Spotlight: Caitlin Skulan
What brought you to Schroeder Law Offices?
I came to Schroeder Law Offices right after graduating law school. During my last year of school I was looking for a post-grad job related to natural resource law. Having interned in jobs lobbying, in-house counsel for nonprofits, at an Attorney General’s Office, and at a large law firm, I knew I wanted to work in private practice, but in a boutique setting.
During my last semester of law school, I was working with The Freshwater Trust, a nonprofit in Portland, Oregon that does river restoration work. In that internship I had some exposure to water law and found it fascinating. Schroeder was looking for an associate in Reno at the time. I was looking for a job in a location that would allow more of a rural lifestyle, so it was a perfect fit. I also loved that all the partners were women as this field is so often dominated by men.
What is your go-to productivity trick?
I am very to-do list oriented. I tend to have one master list with all my projects and then one to two tiers of lists with more immediate tasks that need to be done in the next day or week. A lot of my motivation comes from crossing something off a list.
What is something you find fascinating about water law?
Water law is one of the few niche practice areas that is incredibly diverse. Unlike family or criminal law, where the issues, rules, and case law are often recycled, water law issues are always different. In the last few years I have worked on property law, contract law, tort law, secured transaction law, tribal law, as well as federal issues like the National Environmental Policy Act (NEPA) and historic rights-of-way across federal land. I’ve never enjoyed monotony in a job. At Schroeder, I’m certainly never bored and almost always challenged in a new way!
What do you like to do for fun on the weekends?
Outside of work I like to cook, read, and work in my garden or on my farm. I also like to get outside for an adventure with my hodge-podge pack of dogs. On longer breaks, I like to backpack or kayak with my husband, travel internationally to see new places, learn about history, and try new foods.
What is your favorite book or movie?
I don’t have an all-time favorite book or movie that comes to mind. Lately, I’ve really enjoyed anything written by Kate Quinn. I love her portrayals of women’s forgotten roles in history, especially during WWII.
What’s it like to work at Schroeder Law Offices?
Working at Schroeder is working with a close-knit team. We help each other out and really care about one another as people. I’ve always felt supported and heard. The leadership has always been invested in my growth as a professional and outside of work. They also encourage me to build and maintain a life outside of the office.
Caitlin Skulan is an associate attorney at Schroeder Law Offices, PC.
The Joys of Rural Home Ownership: Wells and Septic Repairs
Schroeder Law Offices not only advises on water issues, but we practice what we teach. Schroeder Law Offices strives to connect with our clients on a personal level and to understand the practical implications and inconveniences client issues have on your lives. We can do this, because we are people, too!
Schroeder Law Office Attorneys are ranchers, farmers, and rural homeowners. Attorney Caitlin Skulan recently lived out some of these rural inconveniences when dealing with failed rural home water and sewer infrastructure.
In her free time, Skulan spends time on a small 5-acre, in her words, “fixer upper” farm purchased with her husband in 2020. Before and after work, Caitlin gardens, takes care of livestock, fixes fences, repairs and remodels outbuildings, and chases escapee chickens. Being on a rural lot, Caitlin’s water is provided by a well. The home is also equipped with a septic system for sewer.
All was good as far as the water and sewer infrastructure for the first two years. However, as any experienced rural homeowner knows, the lack of monthly sewer and water bills eventually comes with a price.
I. Lessons in 1960s Septic Systems
Imagine, your in-laws are visiting for a week from out of town, your spouse is away for work, you are working full time developing cases for trial, and you receive a call from your house guests that the showers aren’t draining! You think nothing of it. The drain is probably clogged with your sister-in-law’s hair. You’ll take care of it when you get home. Then the second call comes, the toilets aren’t flushing! Now you start to worry.
Fast forward two days, three plumber visits, and a houseful of very disgruntled relatives, and you make a band aid fix, receive a quote for a complete septic line replacement, and are internally cursing the inventor of “Orangeburg” piping.
Orangeburg pipe is a bituminized fiber pipe made from layers of ground, compressed, wood pulp, bound by adhesive, and impregnated with coal tar pitch. Effectively, it’s a cardboard pipe lined with tar. Also known as “no-corrode” pipe, Orangeburg pipe was commonly used for sewer pipes in homes built between 1945 and 1972. The product owes its origins to World War II when iron and steel commonly used for sewer pipes were critical to the war effort and thus in short supply for building homes. The use of Orangeburg piping continued after the war ended because it was inexpensive.
Even when installed, the pipe was generally expected to last 50 years before deteriorating conditions would cause the systems to falter. As Orangeburg piping is essentially asphalt soaked paper that is in constant contact with water combined with the pressure of the soil above the pipe and subject to penetrating tree roots, it is not surprising pipes collapses and the system fails. This is what Caitlin experiences in her 1960s home, requiring the pipe to be dug up, removed, and replaced with a new line.
II. Sediment, Well Casing, and Calcium Deposits
A few weeks after the septic repairs, Caitlin noticed a reduction in water pressure and sediment in the water coming out of her faucets. Luckily, no house guests were present at the time. Initial research indicated this could be an issue with the well and a well company was called.
The well inspection indicated two things. First, the water tank was flushed, and the well was in working order, but needed a sediment filter to filter tiny flakes of well casing out of the water. This is a cheap and minor fix as far as well repairs go. Second, the water filtration system for the well needed to be replaced. Caitlin, having completed the well inspection, sellers’ disclosures, and water quality test at the time she and her husband purchased their home, didn’t even know a water filtration system existed on the property and had, in fact, been advised not only to the contrary, but that given good water quality, one was not necessary.
A new water sample was taken and a water quality test conducted to ensure the scope of filtration needed for the well. While the water quality was within the limits of safe drinking water, the calcium levels were high enough to create concerns with the plumbing in the long term. Calcium deposits in pipes are common in homes with “hard water” or high mineral contents. Hard water can, and typically does, build up in drains and pipes. When left unresolved, this can cause corrosion or blockages. While blockages in drainpipes can be easily and inexpensively resolved, the same is not the case for water supply pipes. As such, the industry recommendation is to install a water softening system to prevent blockages from occurring or increasing.
III. Takeaways
At Schroeder Law Offices we emphasize due diligence before purchasing a property in an effort to “spend a dime to save a dollar.” In the context of our practice, this usually means researching the validity, ownership, status, and adequacy of water rights that accompany rural properties. However, completing due diligence research and inspections on rural water related infrastructure is important, too.
For water supply, a well inspection and water quality test by a reputable company is a must when considering purchasing a rural home. However, lessons learned would recommend the well inspection and water quality test both be taken one step further. Rather than rely on seller or realtor representation regarding water supply infrastructure, attend the well inspection yourself. Ask the inspector to explain the system and its maintenance and upkeep. If necessary, schedule regular inspections to ensure everything is in working order.
When water quality tests come back, even if safe for human consumption, ask the well inspector or a plumber if there are any concerns from an infrastructure perspective. If the water is hard, will it cause build up and is there any sign of mineral build up at the time of the inspection? If a water filtration system must be installed, consider it in your purchase price or asking that one be installed by the seller prior to closing.
For septic systems, if the home was built between 1940 and 1990, strongly consider an inspection of the piping. As Caitlin learned the hard way, having a septic inspection and service does not include an inspection of the pipeline from the home to the septic system. Consider paying for a plumber knowledgeable in Orangeburg pipeline to camera and inspect the lines from the home to the septic system. If the pipe is Orangeburg, factor replacing it into your purchase price or consider requesting the pipe be replaced by the seller as a latent defect in the property.
Schroeder Law Offices Attends Nevada State Bar Environmental & Natural Resources Section Meet & Greet
In the first year back since COVID-19, the Nevada State Bar, Environmental & Natural Resources Section held its Annual Meet & Greet event on November 3, 2022. A social, after work event, honorees included Adam Sullivan (Nevada State Engineer), Micheline Fairbank (Nevada Deputy Administrator for Nevada Division of Water Resources), David Bobzien (Nevada’s Office of Energy), Jim Lawrence (Acting Director, Nevada Department of Conservation & Natural Resources), and Chad Blanchard (Federal Water Master for the Truckee & Carson Rivers).
The Nevada State Bar, Environmental & Natural Resources Section held its Annual Meet & Greet on November 3rd, 2022. Schroeder Law Offices was happy to be in attendance.
Section members attending networked with our Nevada agency leads on a more personal level without the stresses of adversarial positions. During the event, Section leaders asked our honorees fun “icebreaker” questions such as: 1) What is your idea of perfect happiness? 2) With which historical person do you most identify? 3) What is your greatest extravagance? and, 4) Which talent would you most like to have? Of course, these questions sparked fun answers that provided a glimpse into our leaders as people. Spending time with these Nevada agency leaders on a personal level ultimately allows us to know and appreciate the work we all pursue.
NDEP Seeks Public Comments to Water Quality Integrated Report
The Nevada Division of Environmental Protection (NDEP) seeks public comments to its Draft Water Quality Integrated report. The public comment period for Nevada’s 2020-2022 Draft Water Quality Integrated Report closes on December 31, 2021. On November 22, 2021, NDEP published its Public Notice, inviting comment on the Draft Nevada 2020-2022 Water Quality Integrated Report. The report was prepared in accordance with the Clean Water Act, §§ 303(d), 305(b), and 314. The Clean Water Act requires NDEP to conduct a comprehensive analysis of water quality data associated with Nevada’s surface waters.
The report is a combination of the biennial reporting requirements under the Clean Water Act § 303 on impaired waters, and § 305 for an overall assessment of surface water quality within Nevada and a description of how current conditions provide for the protection of beneficial uses of the state’s waters. The 2020 and 2022 assessment periods were combined into one report, as is the standard practice in Nevada. Thus, the report covers a data collection period of over seven-years.
Data on Nevada’s rivers, streams, lakes and reservoirs was collected from October 1, 2013 through September 30, 2020 and was evaluated to determine if State water quality standards are being met and beneficial uses are supported. These periodic reports are used by the public, other entities, and NDEP for water quality management planning purposes.
Impaired Water Reporting Requirements
Under its Clean Water Act § 303 reporting requirements, NDEP has produced a list of waters where current pollution control technologies alone cannot meet the water quality standards set for that water body. The list also contains water bodies that may soon become impaired. Impaired waters are prioritized base on the severity of the pollution and the designated use of the water body (e.g. fish propagation or recreation). NDEP will also develop total maximum daily loads or TMDLs of pollutants in the impaired water bodies. These TMDLs designate the maximum concentration of each pollutant allowed in the water body and will help guide NDEP water resource management decision in an attempt to improve impaired waters.
Public Comment
The Draft Nevada 2020-2021 Water Quality Integrated Report is available at:
Links to the 2016-2018 Water Quality Integrated Report and examples of its public comments can also be found at the link above.
The public comment period for the Draft Nevada 2020-2021 Water Quality Integrated Report closes on December 31, 2021 at 5:00 PM. Any comments should be submitted by mail or email to:
Dave Simpson
Nevada Division of Environmental Protection
Bureau of Water Quality Planning
901 S. Stewart St.
Carson City, NV 89701 dsimpson@ndep.nv.gov
What’s Next?
Once the report is submitted, Environmental Protection Agency (EPA) must notify NDEP of its approval or disapproval of the § 303 impaired waters list within thirty (30) days. If the list and associated TMDLs are approved, NDEP will incorporate them into its plan. If they are disapproved, the burden shifts to EPA to identify impaired waters and determine the TMDLs necessary to implement the water quality standards applicable to each water. This must be completed by EPA in thirty days. After such identification, if necessary, NDEP will then incorporate EPA’s § 303 list into its water quality plan.
The next biennial report will be drafted in 2023 with an opportunity to submit public comment on the draft report prior to submission. Watch for our blog about it here.
Winter storage for use throughout the year may still be a viable option with surface water and hydrologically connected groundwater oftentimes unavailable for new permitting. It could be more important than ever during periods of prolonged drought!
Laura Schroeder and Sarah Liljefelt will present a free, hour-long webinar on Tuesday, August 3rd, from noon to 1:00 PM, Pacific Time.
In this webinar you will learn about the roadblocks to developing surface water and hydraulically connected groundwater, and how to determine if water is available for winter storage. Then we will address the dual permitting process, how to optimize the storage location, and obtaining necessary flood easements. Finally, we will discuss what is involved in sharing storage by contractual arrangement.
There will be live Q&A. Questions will also be accepted in advance from registrants by email to Brittany Jesek b.jesek@water-law.com
We will then send you a link to the actual webinar.
This new topic is the fourth of our “VACCINE” webinar series. It follows upon last spring’s popular “COVID” webinar series. You can view recordings of our prior webinars at Water Right Video Handbook or Guide.
Also, stay tuned for additional upcoming topics:
Tuesday, September 14—Due Diligence for Canal, Pond, and Drainage Maintenance: Wetlands Delineation.
Tuesday, October 19—How to Change or Remove an Easement (Ditch, Road, Well Share) from Real Estate.
Tuesday, November 9—Should or Can You Take Stormwater Into Your Existing System?
We look forward to having you with us next Tuesday!
VACCINE Webinar Series: What to Do When There is No Water: Drought Tools Explained
In the second installment of the VACCINE webinar series, Schroeder Law Office presents “What to Do When There is No Water: Drought Tools Explained.” This webinar took place on Tuesday, June 22, 2021, from noon to 1:00 PM, Pacific time. A recording is now posted.
Laura Schroeder and Caitlin Skulan will discuss drought tools in Oregon, Nevada, and Idaho. The discussion will include the requirements for a declaration of drought in each jurisdiction, tools available to water managers and users during drought, and priorities of use during water shortages.
Can’t make it on June 22nd? Afterwards, webinars are available here. Schroeder Law Offices gives you free “on demand” access to educational content while maintaining social distance! Also check out our “Where is the Water?” articles in the WaterSPOT (Nevada) and the upcoming issues of the Water Gram (Idaho), and H2Oregon.
Stay tuned to the Schroeder Law Offices blog for announcements about the upcoming webinars. The third installment of the VACCINE series, “What Terms to Include in a Well Share Agreement” was presented Tuesday, July 13, 2021. You can find a recording of that webinar here.
If you have any issues viewing, please contact Scott Borison at scott@water-law.com.
Schroeder Law Offices Supports Junior Livestock Show
On May 8, 2021, Schroeder Law Offices supported local youth by attending the Nevada Junior Livestock Show in Reno, Nevada. Schroeder was invited by Carson City resident, Conner Simerson to bid on his broad breasted white turkey. The three-day show took place at the Reno-Sparks Livestock Event Center. The purpose of the show is to provide an opportunity for the National FFA Organization, 4-H, youth Grange, and independent youth members to exhibit their livestock projects before the public and develop skills and practices related to livestock production. These youth organizations are a popular part of Nevada’s agricultural community and often are an important family affair for our agricultural clients.
Animals at the show included turkeys, pigs, lambs, goats, and steers. Livestock were judged for quality and breed standards. Youths also competed in showmanship events where their skills and knowledge in animal handling and rearing were judged. The show ended with the annual market auction. Youth are encouraged to contact local businesses and individuals to attend the auction and bid on their livestock. Livestock are then processed by third parties and provided to bid winners to fill their freezers.
In addition to seeing a few familiar faces in the crowd and attending the Buyer’s dinner, we won the bid for Simerson’s turkey! Schroeder Law Office staff were also able bid on other livestock and support additional local youth in their livestock rearing endeavors.
Schroeder Presents: Contracting Out-of-Boundary Water and Wastewater Services
Back by popular demand is Schroeder Law Office’s FREE live webinar series. The 2021 VACCINE series follows the 2020 COVID-19 series. It will span across seven topics of water law.
The first webinar of the series, Contracting Out-of-Boundary Water and Wastewater Services will take place on Tuesday, May 18, 2021 from noon to 1:00 PM, Pacific time. Laura Schroeder and Caitlin Skulan will discuss contracting water and wastewater services outside a municipal or utility service boundary in Oregon, Nevada, and Idaho. The discussion will include when out of boundary contracting can occur, the duties owed to those inside and out of boundary, and other terms that should be included in these agreements. Participants will also learn about the pros and cons of out-of-boundary contracts. Attendees must pre-register for this webinar here!
Future VACCINE webinar topics will inlcude:
Tuesday, June 22nd—What to Do When There Is No Water: Drought Tools Explained;
Tuesday, July 13th —What Terms to Include in a Well Share Agreement?
Tuesday, August 3rd – How to Take Advantage of a Winter Appropriation Using Storage;
Tuesday, September 14—Due Diligence for Canal, Pond, and Drainage Maintenance: Wetlands Delineation;
Tuesday, October 19—How to Change or Remove an Easement (Ditch, Road, Well Share) from Real Estate; and
Tuesday, November 9—Should or Can You Take Stormwater into Your Existing System?
Afterward, webinars are available here. Schroeder Law Offices gives you “on demand” access to educational content while maintaining social distance! Stay tuned to the Schroeder Law Offices blog for announcements about the upcoming webinars. If you have any problems with registration or viewing, please contact Scott Borison at: scott@water-law.com.
Tuesday, August 3rd – How to Take Advantage of a Winter Appropriation Using Storage;