Are You Prepared for a Potential Adjudication?

The Nevada State Engineer has announced it will begin initiating new Nevada adjudications.

Vested water users have until December 31, 2027 to submit their vested claims, or Proofs of Appropriation that assert their pre-water code use. But vested rights holders should start now completing their historical research to support their claims.

This article on Vested Nevada Water Rights can help get you started on the process. Additionally, we encourage watching our adjudications webinar which can be found here: https://water-law.com/webinars/water-right-adjudication.

Please remember that the process cannot be completed overnight. We encourage everyone to start researching now!

The post New Adjudications in Nevada appeared first on Schroeder Law Offices, PC.

An Act to Approve a New Pipeline Through Sloan Canyon in the Las Vegas Area!

Southern Nevada is one of the driest places in the country. And it is experiencing significant growth in population.

Residents and businesses in areas like Henderson and Las Vegas receive 40 percent of their drinking water from a single pipeline. It is known as the South Valley Lateral. The South Valley Lateral was completed in the 1990s. It was not built with today’s population in mind. There will be trouble if the South Valley Lateral pipeline experiences an outage or requires repairs. Many residents, businesses and tourists can find themselves in a bad predicament with no water.

On February 26, 2026 the U.S. Senate passed the Sloan Canyon Conservation and Lateral Pipeline Act (also known as Bill H.R. 972) with no amendment, and by unanimous consent. The bill will expand the boundaries of the Sloan Canyon National Conservation Area in Clark County, Nevada. It will grant Southern Nevada Water Authority (SNWA) rights-of-way for construction of an underground water pipeline.

The proposed 40-mile pipeline will move up to 375 million gallons of water per day to communities in Henderson and South Las Vegas. The construction of this new pipeline will strengthen the region’s access to water. It will be there in case the South Valley Lateral pipeline experiences a disruption.

Additionally, the bill will expand the Sloan Canyon National Conservation Area by adding 9,290 acres to protect the local desert landscape and wildlife.

You can track the Bill’s status by going to H.R.972 – 119th Congress (2025-2026): Sloan Canyon Conservation and Lateral Pipeline Act | Congress.gov | Library of Congress

The post Sloan Canyon Pipeline appeared first on Schroeder Law Offices, PC.

Record low snow accumulation and warm temperatures in Western river basins raise concern about water supply in the Western U.S.[1]. The future of the Colorado River Basin, one of the most contested water resources in the nation, impacts over 5 million acres of agricultural land and drinking water for a population of over 40 million. It also affects economic stability for major municipalities including Las Vegas. [2] These are all affected by drought and the “Law of the River”.

Spanning water use by seven “Basin States” including southern Nevada, the Basin provides a life source to those states and Tribal Nations. It even crosses the international border into Mexico. This valuable water source has been subject to a multitude of legal disputes for over a century. It additionally faced a critical deadline this past Friday, February 14, 2026. There is much concern about Drought and the Law of the River. The concern is not new according to an earlier article on this site.

Understanding the “Law of the River”

Without a working agreement between the many parties who rely upon it, the future of the Colorado River Basin water supply is increasingly threatened for agricultural, domestic, and municipal users alike. As the threat increases, understanding the tools for water use agreements between states becomes ever more important. So, what really dictates access to water?

Interstate water compacts are negotiated agreements among states (think of the domestic equivalent of international treaties) endorsed by the U.S. Supreme Court as an alternative to litigation. [3]

The Colorado River Compact represents one of the first “successful” interstate water dispute negotiations. It equitably apportions use of the Colorado River between the Upper and Lower Basin states. Nevada, one of the Lower Basin states and the driest state in the country, relies heavily on this apportionment. The compact is still in effect today over a century after its ratification.[4]

Equitable apportionment is a resolution tool specifically designed for disputes between states. When interstate water disputes arise, the Court invokes equitable apportionment principles to distribute water between the parties in line with the water laws of the contending states. 

The “Law of the River” includes a series of legal documents: compacts including the Colorado River Compact of 1922, supreme court decisions, federally recognized Tribal reserved water rights, and the 1944 international treaty with Mexico.[5] Together, these treaties, compacts, and decrees govern the allocation of the Colorado River Basin waters. The multitude of users who rely on it each year are governed by these rules.

Drought Contingency Plan

The 2019 Agreement, also known as the Upper Basin and Lower Basin Drought Contingency Plans (DCP) is a more recent addition to address drought and the Law of the River. The DCP is the culmination of negotiations between the seven Basin States facing a 19-year drought.[6] In the DCP, the Basin States voluntarily agreed to reduce water use to avoid regulation by the federal government and hold the Upper Basin States accountable. This theoretically leaves enough water downstream for the Lower Basin States even in years of drought. This type of cooperation is a necessary sacrifice in the face of warmer, drier years ahead and sets a precedent for conservation of the vital water supply. However, the current allocation agreement is at risk due to failure of the Basin States to come to an updated compromise that meets the modern needs of the Basin.

Changes in snow, rain, and temperature distribution as well as increasing pressure on water supply threaten the continued functionality of the current Basin water allocations. The original allocations cannot sustain the current demand. Use already exceeds the current river flows. [7]

The Current Status of Drought and the Law of the River.

Increasingly at odds across the Upper and Lower Basins, the seven states governed by the terms of the Colorado Compact have yet again missed a deadline set by the Secretary of the Interior to properly manage the river water. While Lower Basin users are offering to reduce their allocation, the Upper Basin claims that the Lower Basin States are seeking water that “simply does not exist. This has led to the current impasse.[8]

Failure by the Basin States to reach a deal by February 14, 2026, has resulted in the Secretary of the Interior, the watermaster under the Colorado Compact, taking over negotiations and compelling the states to agree on a compromise plan. The Bureau of Reclamation announced last week that the Department of the Interior will progress with finalizing “operating guidelines” for the Basin by October of this year. This ends a multi-years long process to find adequate alternatives to the current agreement and hopefully avoiding expensive litigation.[9]

Monitoring What is Next

As this (dis)agreement progresses, it is important to stay informed about where your water comes from and who really has a right to it. Sustainable management highly depends on water users knowing and protecting their rights, playing an active role in water use agreements, and speaking up about local policymaking that will aid the longevity of one of the most important water supplies in the West. Only by working together will the future of the Colorado River Basin be stabilized.

[1] https://www.drought.gov/drought-status-updates/snow-drought-current-conditions-and-impacts-west-2026-01-08

[2] https://www.reuters.com/legal/litigation/western-states-miss-deadline-colorado-river-water-rights-2026-02-14/

[3] Legal Control of Water Resources by Barton H. Thompson, Jr.  

[4] https://www.unr.edu/nevada-climate-office/about-our-climate

[5] https://www.usbr.gov/lc/region/pao/lawofrvr.html

[6] https://www.usbr.gov/ColoradoRiverBasin/dcp/index.html

[7] https://www.nytimes.com/2019/03/19/climate/colorado-river-water.html

[8] https://www.reuters.com/legal/litigation/western-states-miss-deadline-colorado-river-water-rights-2026-02-14/

[9] https://www.usbr.gov/newsroom/news-release/5283

The post Drought and the Law of the River appeared first on Schroeder Law Offices, PC.

Whether their interests lie on the ski slopes, in agricultural fields, or both, Nevadans “in the know” closely watch the snow forecast over the winter. Tracking Nevada snowpack in the various mountain ranges is not only indicative of the quality of winter recreation. It provides a forecast for the next irrigation season among Nevada Farmers. It can help provide insights on how full the various reservoir lakes will be come spring.

 Nevada is the driest state in the Nation, with annual precipitation averaging only 10.3 inches per year. As such, snow build up in the Sierras, Carson Range, Ruby Mountains and the countless other state mountain ranges is one of the primary driving forces for surface water recharge. Nevada’s lakes, rivers, and streams are heavily fed by spring run off as snowpack begins to melt in April and May. 

However, not all snow-enthusiasts are aware of the various publicly available resources to better understanding how snowpack is measuring up throughout the season.  Luckily, public forecasting and monitoring tools far exceed the weekly weather forecast and the meteorologist on the local five-o-clock news.

USDA Nevada Snowpack and Stream Forecast Tools

The United States Department of Agriculture (“USDA”) publishes a suite of “Nevada Snow Survey Products” online. These include various reports and maps of daily conditions. An interactive mapping tool can lead to the same information. The primarily information displayed in these various tools compares the current amount of snowpack to the median snowpack experienced historically on the same day.  For example, value in the Lake Tahoe regions of 40% indicates the current snowpack in that region is 40% of the median (middle) amount of snowpack historically experienced. In other words, the snowpack is low compared to historical snowpack.

NOAA Drought Tools

The National Oceanic Atmospheric Administration (“NOAA”) is another federal agency that provides public information related to Nevada snowpack.  NOAA’s reporting is primarily related to drought conditions. However, as snowpack plays a key role in drought conditions throughout the year, the agency publishes information on its website related to “Snow Drought” conditions. Information provided by NOAA is also categorized by region. Nevada’s drought information is available along with conditions in California. Information on NOAA reporting is arguable more user friendly. The agency provides percentages as well as categorization of current conditions ranging from “abnormally dry” to “exceptional drought.”

Conclusion

These are just some of the tools available to stay informed about current snowpack conditions in Nevada’s mountain.  As the season continues, those who are interested can track snowpack accumulation. Other information related to water availability is available through

• updates from the United States Bureau of Reclamation,
• local irrigation companies and dam/reservoir managers,
• and spring/summer related drought tools.

Together, all of these tools can help irrigators plan for their upcoming water year. They help anticipate the water that will be available for crop production.

The post Tracking Nevada Snowpack appeared first on Schroeder Law Offices, PC.

At Schroeder Law Offices, P.C., many of us enjoy volunteering and giving back to our communities.  Whether it is providing feedback on water policy to various public outreach efforts in the state, or supporting industries that are near and dear to our heart like agriculture and education, we find that volunteering is transformative, builds a culture of gratitude, and assist each of us in expanding our knowledge in support of personal and professional growth.  Unfortunately, volunteerism is on the decline and is negatively impacting many communities and non-profits that support our communities. https://www.forbes.com/councils/forbesnonprofitcouncil/2024/12/02/the-hidden-cost-of-declining-volunteerism/ At Schroeder Law Offices, P.C., we encourage our employees to volunteer some time each year to support programs and communities they care about.

Volunteering Activities

Among other things, I am currently volunteering as the president of the U.S. Committee on Irrigation and Drainage (USCID). Here professionals come together to discuss research, innovations, technology and projects related to farming. (Did I mention I grew up on a farm!?) I am the chairperson of the Nevada Heritage Foundation whose mission is to support agriculture education in Nevada. And I’m a member of the  Northern Nevada Air Pollution Control Hearing Board.  

USCID

Coming in at the top this year, I am the current president for the USCID www.uscid.org.  USCID is a nonprofit professional society dedicated to all things irrigation and drainage from planning and design, to construction and operations. Being a president of this organization is rewarding. I have met people from around the USA and other countries who come together to share research and project implementation from around the world. Discussing practical implications of projects and the ins and outs of running irrigation and drainage districts runs an entire spectrum of subject matters and it has definitely broadened my horizons.

Nevada Heritage Foundation

I was recently appointed as chairperson for the Nevada Heritage Foundation. https://www.nvfb.org/about/programs/nevada-heritage-foundation. At NHF, volunteers support agriculture in the future of Nevada through education.  Each year we post and award up to three scholarships to support Nevada’s youth as they pursue careers in agriculture.  As a nonprofit, we also provide assistance to other Nevada youth and young adults seeking agricultural educational opportunities. 

Air Pollution Control Board

On the Air Pollution Control Hearing Board https://www.nnph.org/about-us/board-committees/air-pollution-control-hearing-board/index.php we hold hearings on appeals of permit denial, suspension, revocation, notices of violation, or disagreements with permit conditions or amendments.  While I am new to this board, it is a fun and unique opportunity to learn about an area of law (other than water), and support the northern Nevada community.

So, what do you do to volunteer and give back? Consider some of the rewards that giving back may add to yourself and others:

Where Can YOU Volunteer?

• Enhance Responsible Use & Community Impact: Volunteers are pivotal in responsible use of our water resources and shaping strong legal frameworks. In environmental contexts, volunteers help shape water sustainability for generations to come, help improve water delivery and monitoring technology, supporting water treatment and reuse technology and infrastructure, and help those producers who are feeding the world.  

• Grow Professionally & Personally: Volunteering develops practical skills: leadership, communication, policy writing, stakeholder engagement, even workshop facilitation.

• Connect with Experts & Peers: Volunteer engagement places you at the heart of a vibrant community—from scientists to policy advocates—making connections that extend beyond service. Though volunteering, I have met many people who have become my life-long friends.

• Drive Real, Sustainable Change: Volunteer-driven, policy review, and legal analysis all help ensure water governance is based on solid information and principles. Whether assessing water quantity or quality, identifying regulatory gaps, or drafting recommendations, volunteer work directly influences future outcomes.

Volunteering means applying your talents while gaining professional growth and personal fulfillment — while communities get stronger.  Consider joining us at Schroeder Law Offices and finding an organization you are passionate about that needs volunteers!

The post Be a great Volunteer! appeared first on Schroeder Law Offices, PC.

Lake Tahoe Community College welcomes community members to get a tree permit from the Tahoe Regional Planning Agency and participate in the holiday tradition of cutting your own holiday tree. This event not only lets you bring home a festive tree but also supports the restoration of Trout Creek meadow by removing pine trees that have started to encroach on the area. These trees are taking water from the meadow’s soil, which can disrupt the local ecosystem. By carefully removing them, we help preserve the meadow and encourage native plants to flourish.

How to Get Your Tree Permit

• Visit the LTCC library, where a tent will be set up for permit distribution
• Sign a release of liability form
• Collect your permit and follow the provided guidelines

Important Safety Information 

• Tree cutting comes with certain risks
• Permit holders must agree not to hold Lake Tahoe Community College responsible for any injuries or damages during the event

Tree Cutting Guidelines

• No vehicles allowed beyond designated parking areas; use marked trails
• Trees may only be cut from the flat meadow within marked boundaries
• Only hand tools are permitted (chainsaws are not allowed)
• Cut only what you can carry
• Trim stumps as close to the ground as possible to prevent hazards

Event Details 

When: Saturday, December 6th, 2025, 9 am to 2 pm (weather permitting)
Where: Lake Tahoe Community College: Roberta Mason Library – 1 College Drive, South Lake Tahoe, California
Purpose: Help restore the meadow, protect Lake Tahoe’s clarity, improve water availability, support biodiversity, and reduce wildfire risk
What to bring: Dress warmly, wear sturdy shoes, and bring hand tools for tree cutting

Make sure to follow Schroeder Law Offices’ blog for more upcoming community events, updates to agricultural and water-related issues, and more!

The post Harvest a Tree and Help Restore Trout Creek Meadow! appeared first on Schroeder Law Offices, PC.

As we head into the final months of 2025, meteorologists are forecasting a strong likelihood of La Niña conditions developing across the Pacific Ocean. According to NOAA, there’s a 71% chance La Niña will form between October and December, and a 54% chance it will persist through February 2026.

This climate pattern could bring significant weather shifts to the western U.S., especially in Oregon and Nevada—two states where water resources, agriculture, and winter recreation are closely tied to seasonal climate trends.

What Is La Niña?

La Niña is part of the El Niño-Southern Oscillation (ENSO) cycle. It occurs when sea surface temperatures in the central and eastern Pacific Ocean cool, disrupting global weather patterns. In the U.S., La Niña typically leads to:

• Cooler, wetter conditions in the Pacific Northwest
• Warmer, drier conditions in the southern U.S.
• Increased storm activity and variable precipitation

Impacts on Oregon

Oregon is expected to see classic La Niña effects, including:

• Above-average rainfall and snowfall: This could lead to flooding risks in vulnerable areas and improved snowpack in the Cascades.
• Cooler winter temperatures: Residents should prepare for colder-than-usual conditions, which may affect heating demand and transportation.
• Boost for winter recreation: Ski resorts and outdoor tourism may benefit from strong snow seasons, helping local economies.

Impacts on Nevada

Nevada’s response to La Niña is more complex due to its diverse geography:

• Southern Nevada: Likely to experience drier conditions, increasing drought concerns and stressing water supplies.
• Northern Nevada: May see slightly wetter weather, which could help ease drought but also bring localized flooding.
• Temperature variability: Expect cooler conditions in the north, especially at higher elevations, and warmer-than-average temperatures in the south.

What Businesses and Communities Should Watch

• Water resource planning: Snowpack and reservoir levels will be critical for both states.
• Agricultural impacts: Farmers should prepare for potential extremes—either excess moisture or prolonged dryness.
• Emergency preparedness: Flooding in Oregon and drought in Nevada may require proactive planning from local agencies.

Final Thoughts

La Niña is a natural climate cycle, but its effects can be far-reaching. For Oregon and Nevada, the coming winter could bring both challenges and opportunities. Staying informed and prepared will be key for communities, businesses, and policymakers alike.

The post La Niña 2025 appeared first on Schroeder Law Offices, PC.

Nevada Water, through the University of Nevada at Reno, is a network comprised of many organizations statewide. They have the common goal of bringing water education to everyone from students to leaders. Nevada is the driest state in the country. The population is growing fast so that changes in our communities both big and small are happening every day to accommodate the growing state.

City and rural areas often see water issues differently. Nevada Water’s goal focusses on encouraging discussion and collaboration rather than immediate law and policy change. Bringing a trusted network of organizations together to discuss and solve the state’s diverse challenges, including water scarcity, for long term solutions the benefits all the state’s residents.

One approach the organization utilizes is Transformative Science-with-Society (TSS). This approach allows for multi-perspective discussion that encourages local knowledge, traditional wisdom, and science to work together at every step. Members regularly check in and adjust plans to build trust and make sure everyone is involved. This allows everyone to learn from each other and identify what changes need to be made to move toward a sustainable water future. By tracking progress, and consistently re-evaluating successes and failures from all parts of the state we can see which strategies work best for Nevada’s water challenges.

For more information, please visit the Nevada Water website. You may also see Nevada Water in the news today:

• No return to normal: Low mountain snowpack reflects the West’s grim climate outlook
• UNR leads collaborative effort to address water issues
• Gloomy water supply outlook in Nevada prompts new collaborative effort
• UNR leading project to address urban, rural water issues

The post Nevada Water appeared first on Schroeder Law Offices, PC.

Nevada Passes Two New Bills Combatting Water Scarcity Throughout the State

In June, 2025, Nevada’s Governor, Joe Lombardo, signed two new bills creating a voluntary Water Rights retirement Program. These are Assembly Bill 104 (A.B. 104) and Senate Bill 36 (S.B. 36). As a result, the Nevada Voluntary Water Rights Retirement Program was officially established. A program like this was previously successful in Diamond Valley and along the Humboldt River corridor in 2024. The program allows for water right holders to voluntarily sell their groundwater rights back to the State. Once purchased, the State Engineer will permanently retire the rights and remove them from future use and reappropriation. The program will assist the State in managing groundwater resources to ensure people are not over pumping aquifers.

Nevada’s Drought

According to the National Integrated Drought Information System, approximately 59 percent of Nevada is in a drought, while the other 41 percent is “abnormally dry”. Drought conditions pose significant challenges to the environment and its inhabitants. Additionally, persistent drought conditions can impact accessibility to clean water used for drinking, cooking and sanitation. In most cases, droughts also devastate crops and limit water availability to cattle, impacting the cost and accessibility to food. It is no surprise that the state’s lawmakers are taking action in finding ways to conserve water throughout the state.

Nevada continues to be the driest state in the country, and groundwater is quickly diminishing. The Nevada Voluntary Water Rights Retirement Program can be crucial in conserving water throughout the state for years to come. To view more information about the new bills and their funding, please visit the Nevada Legislature website and links listed below:

• Assembly Bill 1014 (A.B. 104) – AB104 Overview
• Senate Bill 36 (S.B. 36) – SB36 Text

The post Voluntary Water Rights Retirement appeared first on Schroeder Law Offices, PC.

The Nevada Division of Water Resources is hosting public presentations to provide information and receive comment for issues within the Humboldt River region.  If you have concerns or are interested in learning how NDWR is looking to conjunctive management in these regions, you should attend!  More information can be found at https://water.nv.gov/posts and then following the link to the “Public Outreach on the Humboldt Rier Water Management”. 

Public Outreach Sessions

Elko on June 10^th at 2:00PM at the Great Basin College

Winnemucca on June 11^th at 10:00 AM at the Humboldt County Library

Lovelock on June 11^th at 2:30PM at the Pershing County Community Center

Therese Stix will attend the Lovelock session to listen and participate in the discussion.  We hope to see you there!

The post Humboldt River Public Presentations appeared first on Schroeder Law Offices, PC.

NNPH & RCAC April Workshops

Attention Northern Nevada residents, have you ever wished your home’s septic system and well came with an owner’s manual?  Well, you’re in luck.  This month, Northern Nevada Public Health (NNPH) and the Rural Community Assistance Corporation (RCAC) are teaming up to offer two free in-person workshops focused on domestic wells and septic systems.

These April workshops will help homeowners better understand, maintain, and protect their private water and wastewater systems, while also providing access to valuable resources and technical assistance. Both workshops will include take home materials, Q&A sessions with environmental experts, and guidance on water testing, inspections, and local support programs. The trainings will be available in English and Spanish.

You Own a Private Well, Now What? Protecting Your Home’s Water Source  

 You can register for either or both sessions via the links in the descriptions below. For more information on NNPH’s well and septic programs, visit Domestic Well Program and Septic and Liquid Waste Program.

When: Wednesday, April 23, 2025, from 5:30-8:30 p.m. 
Where: Northern Nevada Public Health – 1001 East Ninth Street, Bldg B, Reno 
Register: https://www.events.rcac.org/assnfe/ev.asp?ID=4579 

More: This interactive workshop will cover the basics of domestic well ownership, including routine testing, maintenance tips, and ways to protect your water quality. NNPH and RCAC experts will also share information about local resources and programs to assist well owners.

How to Manage Your Septic System – Maintenance, Protection, and Resources 

When: Thursday, April 24, 2025, from 5:30-8:30 p.m. 
Where: Northern Nevada Public Health – 1001 East Ninth Street, Bldg. B, Reno
Register: https://www.events.rcac.org/assnfe/ev.asp?ID=4578 
Details: This session will provide practical guidance on septic system upkeep, common signs of failure, and how to prevent costly repairs. Attendees will also learn about public health and environmental considerations, and get connected with helpful tools and support programs

Make sure to follow Schroeder Law Offices’ blog for more upcoming community events, updates to agricultural and water-related issues, and more!

The post Well and Septic April Workshops appeared first on Schroeder Law Offices, PC.

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!

Assembly Bill 134

AB 134 proposes to amend NRS Chapter 533 to allow owners of a perfected water rights to submit water conservation plans to the State Engineer for approval. The goal of the bill is to “promote and encourage the conservation, development, augmentation and efficient use of the waters of this State through the use of practices for the voluntary conservation of water, including, without limitation, water conservation plans, crop rotation or conversion, improved irrigation practices and reductions in surface and seepage losses of water at the place of use of water.”

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.

The post 2025 Legislative Session & Nevada Water Law appeared first on Schroeder Law Offices, PC.

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.

Pilot Program for Training Nevada Water Judges

The Water Judges Pilot Program follows extensive research and recommendations by the Commission to Study the Adjudication of Water Law Cases. The program mandates that the 15 judges who have completed the specialized training, preside over water law cases. This training is designed to cover key topics in water law and technical issues, ensuring that judges are well-equipped to handle the intricacies of these cases.

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.

For more on Nevada Water Law see Nevada Archives – Schroeder Law Offices, PC

The post Training for Nevada Water Judges appeared first on Schroeder Law Offices, PC.

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.

References

[1] Flowing forward: 5 strategies for cities to become water-wise

[2] Urban Water Conservation Techniques | Green City Times

The post Water Use Efficiency appeared first on Schroeder Law Offices, PC.

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!

The post Don’t Forget – time is running out to file Vested Water Rights in Nevada! appeared first on Schroeder Law Offices, PC.

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 post Schroeder Law Offices Attends 2024 Nevada Agricultural Fair appeared first on Schroeder Law Offices, PC.

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.

The post The Public Trust Doctrine and Water Rights in Nevada appeared first on Schroeder Law Offices, PC.

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.

The post Support Your Local Reno Farmers Markets appeared first on Schroeder Law Offices, PC.

            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 56^th annual conference. Over 300 registrants attended the conference, more than 80 of which were from the United States Bureau of Reclamation (“Bureau”).

            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.

The post Bureau of Reclamation Announces New Regional Director and Full Reservoirs appeared first on Schroeder Law Offices, PC.

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.

If you are affected by water shortage consider this article on how to locate a water rights attorney.

The post Water Emergency in Nevada Irrigation District appeared first on Schroeder Law Offices, PC.