The impacts of drought are felt by all, but perhaps none more than those who rely on water for their livelihoods. Amidst predictions of growing drought throughout Oregon, a timely primer on navigating the state’s Emergency Groundwater Use (Drought) Permit process.

Introduction to Oregon Drought Permits

When the well is dry, we know the worth of water. -Benjamin Franklin, Poor Richard’s Almanack

After experiencing the warmest winter in almost a century, Oregonians are bracing for the specter of drought conditions throughout many parts of the state in 2026. In late March of this year, Governor Tina Kotek signed an executive order declaring drought emergencies in three eastern Oregon counties: Baker, Deschutes, and Umatilla. The Governor’s declaration came months over three months earlier than the first similar drought declaration in Baker county in 2025. The last drought emergencies in Deschutes and Umatilla Counties occurred in 2023 and 2021, respectively.

Oregon Water Resources Department (OWRD) has resources available to help mitigate the challenges of drought emergencies. Among them is the water right permitting system for issuing Emergency Groundwater Use Permits, which are commonly referred to as drought permits (herein “Oregon Drought Permits”). This system authorizes the temporary use of groundwater during these declared drought emergencies, with the confines of the legal framework described below.

1. Legal Framework of Oregon Drought Permits

ORS 536.700 et seq. “Emergency Water Shortage Powers”

In Oregon, eligible water rights holders can apply for Emergency Groundwater Use Permits for Drought, established under Oregon Revised Statutes (ORS) 536.700 et seq. These sections codify the legal framework for “Emergency Water Shortage Powers” authorizing temporary flexibility in the regulation of water use during declared drought conditions.

Under ORS 536.740, the Governor may declare that a severe, continuing drought exists within a defined geographic area. Upon such declaration, the Director of Oregon Water Resources Department (OWRD) may authorize emergency water use. ORS 536.750 provides that OWRD may approve temporary use of water to replace water under an existing water right that is made unavailable due to drought. In so doing, OWRD is authorized to impose terms and conditions to protect existing water rights and the public interest.

OAR 690 Division 19 “Drought Mitigation”

Oregon Administrative Rule (OAR) 690, Division 19  “Drought Mitigation” implements ORS 536.700 et seq. The Rule becomes operative only during these extraordinary drought emergencies and only upon such declaration by the Governor. OAR 690-019-0040 governs the permit application requirements, approval process, and additional considerations for Emergency Water Use Permits. 

2. Permit Requirements

Threshold Requirements

To qualify for an emergency groundwater use permit, an applicant must satisfy the threshold criteria set forth in OAR 690-019-0040(2); specifically, that (a) drought conditions have created an inability to obtain water under an existing water right, and (b) the technical and legal description of the proposed use is in a designated drought area.

No Enlargement

Importantly, the proposed use may only function as a replacement for and not an enlargement of an existing water right. ORS 536.750. To this end, OWRD must determine that the proposed use will not injure existing water rights or be either an impairment or detriment to the public interest. ORS 536.750(3).

Conservation and Curtailment Measures

OWRD retains discretion to impose additional requirements on applicants, including that the applicant submit a plan and evidence showing conservation and water use curtailment measures have been taken before use is made of an emergency use permit. OAR 690-019-0040(2)(c).

3. Approval Process for Oregon Drought Permits

Completeness Review

OWRD’s first step is to evaluate whether the application satisfies the application’s threshold requirements above, rejecting or returning incomplete applications. OAR 690-019-0100 proscribes the fees required for application.

Substantive Application Evaluation

During the substantive evaluation of the application, OWRD considers possible injury to existing water rights and public interest considerations, including the factors of OARs 690-310-0120 and 690-310-0130. OWRD also considers the term length and emergency nature of the request.

Public Notice and Comment

Notice of emergency use permits is included in OWRD’s regular public notice process, however, no contested case hearing under ORS 537.170 et seq. is required. OAR 690-019-0040(4)(a); ORS 537.170 (not applicable). 

OWRD considers all public comments that the agency receives concerning the actual or proposed use under the emergency use permit. The agency continues to consider such comments throughout the entire life of the permit. OAR 690-019-0040(4)(b).

Decision and Issuance

If approved, OWRD issues the emergency use permit to the water user. By rule, OWRD is authorized to regulate the use of water under an emergency use permit at any time in accordance with the terms and conditions of the permit. OAR 690-019-0040(4)(c).

4. Additional Considerations

Mandatory Permit Conditions for Oregon Drought Permits

All emergency permits must include certain special terms and conditions. 

• First, as above, water use under emergency permits must not constitute enlargement or otherwise injure existing water rights. Therefore, emergency permits are considered subordinate to all “prior water right permits, certificates, decreed rights, scenic waterway flows and minimum stream flows.” OAR 690-019-0400(5)(a).
• All emergency use permits are also time bound to not exceed one year or the term of the declared drought. OAR 690-019-0085(5)(b)&(d). 
• Additionally, all such permits are required to impose rate, volume, and season limitations to not exceed the underlying water use right or extend the historical season of use. OAR 690-019-0040(5).
• Finally, OWRD is authorized to revoke the emergency use permit if injury to another water right occurs after issuance, unless the agency determines that the water user has sufficiently mitigated their injury. OAR 690-019-0040(5)(e). 

Additional Requirements for State Agencies or Political Subdivisions

State agencies and political subdivisions that apply for emergency use permits are also required to either submit a water conservation or curtailment plan for approval by OWRD, or, when so directed by the Governor, implement a plan that has already been approved. OAR 690-019-0040(6)-(7). 

Temporary and Conditional Nature

Oregon Drought Permits are strictly temporary and establish no permanent water rights. Accordingly, water use under these permits remains subject to regulation and curtailment by OWRD at any time. ORS 536.750; OAR 690-019-0040(4)(c). Permit renewals are governed by OAR 690-019-0085.

Conclusion

Oregon Drought Permits (Emergency Groundwater Use Permits) are special, narrow authorizations designed to provide temporary relief to existing water right holders in Oregon who experience the effects of declared drought emergencies. A successful application must establish the connection between the inability to obtain water under existing water right(s) to the emergency drought conditions. It must also provide the proposed use under the permit sought, while accepting OWRD’s terms and conditions on the use to avoid injury and protect the public interest. 

Authorities

ORS 536.700 et seq.

https://www.oregonlegislature.gov/bills_laws/ors/ors536.html

OAR 690 Division 19

https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=3144

Additional References

OWRD Public Declaration Status Report

https://apps.wrd.state.or.us/apps/wr/wr_drought/declaration_status_report.aspx

https://katu.com/news/local/oregon-now-85-in-drought-washington-65-with-hotter-and-drier-spring-forecast-hood-weather-low-snow-pack-timberline-lodge

Background

The Blue Water Footprint measures how much freshwater is taken from rivers, lakes, reservoirs, and underground aquifers for human use. It is different from green water, which refers to rainwater stored in the soil, and grey water, which represents used or other water requiring treatment. The blue water footprint focuses specifically on withdrawals of surface and groundwater, the type of water most industries, farms, and communities depend on every day. Understanding this measurement helps us understand how much we rely on freshwater reserves.

Industries That Contribute to the Blue Water Footprint

Several industries play a significant role in blue water use. For example: agriculture  irrigation to grow crops in both dry and moderate climates supporting food sustainability throughout the world; manufacturing, especially textiles, paper production, and food processing; and,  energy generation, including thermoelectric power plants, for cooling. These examples show how interconnected our economy and daily life is reliant on freshwater resources.

Sustainability and Reducing the Blue Water Footprint

Reducing the blue water footprint is a crucial part of sustainable water management. All users are turning to and implementing more efficient water use systems where applicable, and taking strides in technology to reduce water use, implement green and grey water use, and become better stewards of the natural resource.

Conclusion – Why the Blue Water Footprint Matters

Freshwater is a limited resource and when we use it faster than it can naturally replenish, the impacts can be serious. Rivers can dry up, aquifers can be permanently depleted, and ecosystems can suffer. Understanding and managing our blue water footprint helps ensure that water remains available for communities, ecosystems, and industries. It is a way to protect agricultural productivity, safeguard the environment, and build resilience in an ever-changing climate.

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.

Celebrating 20 Years and a New Beginning: Tara Lomacz Begins Her Law School Journey

A Milestone Worth Celebrating

This month marks a major milestone for Tara Lomacz (née Tara Jackson). She is celebrating 20 years with Schroeder Law Offices, PC. Tara began her career as an administrative assistant and grew into the role of senior paralegal. Now, she is taking a bold step forward—starting law school.

A Dream Years in the Making

Tara has spent nearly two years preparing for this moment. She recently enrolled in Vermont Law and Graduate School’s Hybrid JD program. This ABA-accredited program allows her to continue working half-time at Schroeder Law Offices while attending classes and completing coursework in the afternoons and evenings.

The program blends online learning with short in-person residencies. It’s designed for professionals who want to earn a law degree without leaving their careers or communities.

Rooted in Justice and Fairness

Tara’s journey toward law school began long before her application. Even as a child, she had a strong sense of fairness. She was known for insisting on equal treatment among her siblings. That passion led her to mock trial in high school and political theory in college.

After graduating from Willamette University, Tara followed her father’s advice and joined a law office to see if legal practice was the right fit. It was. Her work at Schroeder Law Offices confirmed her calling.

A Deep Connection to Agriculture and Water Law

At Schroeder, Tara discovered a new world—agriculture and rural water rights. She learned about the challenges faced by farmers and small communities. Over time, she became deeply involved in organizations like Oregon Women for Agriculture and the Oregon Groundwater Association.

Her work has included securing water rights for farms, helping communities navigate infrastructure issues, and supporting legal efforts that protect access to natural resources.

Balancing Work, School, and Family

Transitioning to part-time work is bittersweet for Tara. Her identity is closely tied to her role at Schroeder Law Offices. Stepping back is difficult, but necessary.

She is also a mother to a vibrant three-year-old daughter. Motherhood has taught her the importance of boundaries and balance. Law school will challenge her to protect her time and energy—for her studies, her family, and herself.

A Lesson for Her Daughter

Tara’s decision to pursue law school is inspired by her daughter. She wants to show that growth and change are always possible. Her goal is to model resilience and lifelong learning.

She hopes her journey from paralegal to attorney will teach her daughter that it’s never too late to chase a dream.

Support from Schroeder Law Offices

Tara is grateful for the support she’s received from Schroeder Law Offices. The firm is providing financial assistance and continued encouragement. She plans to return as an attorney after completing her degree.

Her legal education will strengthen her ability to serve the firm’s clients and expand her impact in water and agricultural law.

Looking Ahead

Vermont Law and Graduate School offers specializations in water resources and food and agricultural law. These areas align perfectly with Tara’s experience and passion.

She believes that access to legal representation is vital for preserving rural communities. As an attorney, she plans to continue offering affordable, specialized legal services to those who need them most.

A New Chapter Begins

Tara Lomacz’s story is one of growth, purpose, and courage. As she begins law school, she carries with her the lessons of the past 20 years and the excitement of what lies ahead.

Her journey is a powerful reminder that it’s never too late to evolve, learn, and pursue a dream.

Can I Use My Spring in Oregon Without A Water Right of Use?

Oregon Water Resources Department’s (“OWRD”) is ratcheting down on new applications for surface and groundwater sources. Consequently, Oregonians are looking at those uses exempt from water righting by OWRD. Different exemptions apply whether the use is considered surface or groundwater. So what are the water right requirements for springs?

We have previously provided information on groundwater exemptions. You can access that information here: Domestic Groundwater Exemption – Schroeder Law Offices, PC

Surface Water or Groundwater?

A spring might be a groundwater source. That would apply particularly if its artesian pressure required a spring box constructed below the surface. Such a spring box may be considered a hand-dug “well”. In that case the groundwater exemptions would apply, impacting water rights related to the spring.

Or, a spring might be a surface water source. That might apply if the spring does not have a spring box constructed below the surface. Whether such a spring surface water source is exempt from permitting under ORS 537.800 requires that “under natural conditions the surface water does not form a natural channel and flow off the property where it originates anytime of the year.” Hence, water rights may still be necessary depending on conditions.

What Does the Statute Say?

Like any good lawyer, we must break this ORS 537.800 statute into required elements which are:

• What are the “natural conditions”? This means generally, if there was no infrastructure (no spring box or piping) during the wettest time of the year.

• Does the water flowing from the spring under these natural conditions form a channel? A channel can be a rivulet that only flows occasionally, ie in the wettest time of year during a spring freshet.

• Does the spring water flow off the landowner’s property on which the spring originates and will be used? With the division and development of parcelling of property this might be a significant hurdle.

If each of the three elements above can be met, what types of uses are exempt under this spring water exemption? In truth, the statute does not limit the type of use. However, if the flow does not form a channel that runs off the property it is a logical conclusion that there will not be sufficient volume for irrigation or a commercial use, raising questions about water rights for the spring.

Conclusion

From a legal perspective it is very difficult to satisfy the ORS 537.800 requirements for a surface water exempt spring use for more than a domestic use. From a technical standpoint, we would employ a hydrogeologist to determine the “natural conditions” particularly where infrastructure has already been established and may be difficult otherwise to assess the facts related to the legal requirements surrounding water rights for springs.

Background

Central Oregon relies heavily on streams and snowmelt from the Cascade Mountains, which feed into the McKenzie and Deschutes Rivers. Recently, researchers uncovered a surprising new water source in the Cascades. It is a previously unmapped aquifer believed to contain over 80 cubic kilometers of water beneath the Central Cascade range. To put that in perspective, that is potentially three times the volume of Lake Mead – the largest reservoir in the United States.

Research

In an interview with OPB, Lief Karlstrom, associate professor of earth sciences at the University of Oregon, explained. While scientists have long known the Cascades store significant water, it was not until this intensive study that they began to understand just how much. The project initially aimed to “better understand” the region’s landscape. It led to the discovery of a massive, untapped reserve.

Researchers revealed that the Central Cascade arc shows a strikingly consistent connection between topography and hydrology, tied to aging volcanic bedrock. These findings suggest that geologic structures in the region have directly shaped its water systems over time.

Discoveries of the Cascade Aquifer Erupt

Formed by volcanic eruptions and gradually uplifted by magma flows, the Cascade Mountains are underlain by rock with unexpected water-holding properties. According to Karlstrom, when volcanic rock becomes heavily fractured, it can store and transmit substantial amounts of water. These fractures allow water to seep and move through the subsurface in surprising ways.

This groundbreaking discovery came as researchers focused on what they call the “critical zone”. This is the near-surface region where atmospheric forces meet the solid Earth. By analyzing geothermal wells drilled decades ago, scientists were able to map temperature gradients and trace the extensive flow of water through the volcanic rock.

Conclusion

Although the study was originally designed for energy exploration, the findings have opened the door to a new understanding of Oregon’s subsurface water supply. Scientists note that the existing wells may not show the full extent of the aquifer. This means that the volume of water could be even greater than the estimated 80 cubic kilometers.

However, they also caution that ongoing declines in snowpack may hinder the aquifer’s long-term recharge. Further research is needed to fully map its size and determine how this water might be used.

Revisions to Exempt Groundwater Use in Oregon

In the 2025 Oregon Legislative Session, the Oregon State legislature passed House Bill (HB) 3372. HB 3372 changes rules allowing people to use groundwater without requiring a water right. These uses are called “exempt” from water right requirements.

Groundwater is a major source of domestic, stockwater, and supplemental irrigation in Oregon, especially in rural areas. People use it for drinking, raising animals, and growing food. Typically, to use groundwater (or surface water), one must obtain a water right of use from the Oregon Water Resources Department. But, Oregon law, found in Oregon Revised Statute (ORS) 537.545, allows for certain groundwater uses to be “exempt” from this requirement. People often refer to these wells as “exempt groundwater wells” or “domestic-exempt wells.” To date, Oregon has approximately 230,000 exempt groundwater wells with approximately 3,800 new wells drilled annually.

Exempt Uses

Previously, under Oregon water law, someone could use an exempt groundwater well for the following uses:

• Stock watering purposes up to 12,000 gallons per day (with an exception for confined animal feeding operations)
• Watering non-commercial lawns or gardens (for areas up to one-half an acre)
• Watering school grounds up to 10 acres in a critical ground water area
• Single or group domestic in-home use up to 15,000 gallons per day
• Commercial use up to 5,000 gallons per day
• Reusing water for irrigation, if it follows certain rules

New Exempt Use

With the passing of HB 3372, an additional exemption was added: irrigation of a commercial garden up to one-half acre using no more than 3,000 gallons per day. This commercial garden use can be combined with groundwater for commercial business purposes. In that case, the total cannot go over 5,000 gallons per day. Also, the new exemption says that cannabis growers can be considered for the new commercial garden exempt use. However, the cannabis grower must be licensed as an industrial hemp grower (ORS 571.281).

Special Rule for the Lower Umatilla Basin

In the Lower Umatilla Basin Groundwater Management Area, the new exempt use allowing irrigation of commercial gardens does not begin until January 2, 2028. Lawmakers added this exception for the Lower Umatilla Basin Groundwater Management Area, shortened to “LUBGWMA,” in the final round of amendments to the proposed bill. Officials designated the Lower Umatilla Basin as a groundwater management area in 1990 due to the high levels of nitrate found in the groundwater.

When Exempt Use is the Only Way to Get Water

Given the new groundwater rules for permitting, exempt uses may be the only available groundwater source readily available to developers and small organic growers.  Schroeder Law Offices can assist in regulatory compliance and development via exempt uses.  Find us at: Inquiry Form – Schroeder Law Offices, PC

The Greater Idaho Movement is a fascinating and complex effort that has gained traction in recent years. This movement seeks to redraw the state boundaries. Several counties in eastern Oregon would become part of Idaho. The primary motivation behind this movement is the cultural and political differences between the rural, conservative eastern Oregon and the more urban, liberal western part of the state. 

Water: A Critical Issue in the Greater Idaho Movement

One of the critical issues at the heart of this movement is water rights. Water is a precious resource in the arid regions of eastern Oregon and Idaho. The management of water rights is crucial for agriculture, industry, and residential use. Water rights in the western United States are governed by the doctrine of prior appropriation, which essentially means “first in time, first in right.” This doctrine has been the foundation of water law in both Oregon and Idaho for over a century. However, the implementation and management of these rights can vary significantly between states.

In Oregon, water rights are managed by the Oregon Water Resources Department (OWRD). The state has a comprehensive water management plan that includes strict regulations on water usage, conservation efforts, and environmental protections. In addition, OWRD has ceded its application processes in large part to the Oregon Department of Fish & Wildlife (ODFW). These regulations can sometimes be viewed as burdensome by farmers and ranchers in eastern Oregon. They feel that their needs are not adequately represented in the state’s policies.

Idaho, on the other hand, has a more fluid approach to water management. The Idaho Department of Water Resources (IDWR) oversees water rights at the State level, but there is generally more local control and flexibility in how water is allocated and used.  Additional agencies, such as state fish and wildlife do not oversee or inform IDWR’s work. This approach is often seen as more favorable by those in the agricultural sector, as it allows for more adaptive management practices that can better respond to local conditions.

What if the Greater Idaho Movement Succeeds?

If the Greater Idaho Movement were to succeed, the counties that join Idaho would transition from Oregon’s water management system to Idaho’s. This shift could have several implications:

1. Regulatory Changes: Farmers and ranchers in these counties might experience a reduction in regulatory burdens, allowing for more flexible water usage. This could lead to increased agricultural productivity and economic benefits for the region.
2. Water Allocation: The change in state governance could also impact how water is allocated among different users. Idaho’s system might provide more opportunities for local stakeholders to influence water management decisions. That could lead to more equitable distribution of water resources.
3. Environmental Concerns: While the transition might benefit agricultural users, there could be concerns about the environmental impacts of less stringent water regulations. A critical challenge will be ensuring that water usage remains sustainable and that ecosystems are protected.
4. Interstate Water Compacts: The movement could also affect existing interstate water compacts and agreements. These legal agreements govern the allocation of water from shared rivers and aquifers between states. Any changes in state boundaries would require renegotiation of these compacts to ensure fair distribution of water resources.

Conclusion

The Greater Idaho Movement is more than just a political and cultural shift. It has significant implications for water rights and resource management. As the movement continues to evolve, it will be essential to carefully consider how these changes will impact the people and ecosystems that depend on water in this region. Balancing the needs of agricultural users with environmental sustainability will be key to ensuring a prosperous future for all involved.

Schroeder Law Offices works with clients in both Idaho and Oregon as well as Nevada, Washington and Utah.

House Bill 3419: What’s Next for Well Monitoring and Reporting?

Oregon House Bill 3419  has the potential to restrict how much water homeowners can pump from their exempt (non-permitted) wells. It requires meters to record water usage. This bill also focuses on constructing consistency in how water use is measured and reported, in hopes to refine water enforcement procedures.

Most types of water use require the user to obtain a permit from the Oregon Water Resources Department (“OWRD”). But Oregon law currently considers domestic use of up to 15,000 gallons of groundwater per day, including irrigation of lawns and non-commercial gardens less than one-half acre, exempt from permitting and reporting requirements. This could change under HB 3419.

Public Feedback

Public response to House Bill 3419 has been mixed. While environmental protection organizations like WaterWatch of Oregon, the Nature Conservancy, and the Oregon Environmental Council support the passage of House Bill 3419, many individuals have provided public comments in opposition. The Oregon Water Resources Congress (“OWRC”) also opposes HB 3419, stating, “We are not opposed generally to measurement and reporting… However [HB 3419] would provide OWRD with overly broad authority that will only compete with and undermine other ongoing water management efforts.”

Mark Owens, Oregon State Representative for House District 60, has said he is opposed to any bill that would establish constraints for rural residents who rely on exempt wells for their domestic water. House District 60 includes Baker, Grant, Harney, Lake, Malheur, and part of Deschutes Counties in central and eastern Oregon. Many residents of these rural counties rely on private wells to obtain domestic water. Owens’ aim is to make things less complicated for Oregonians. H wants to ensure access to secure and reliable water for their homes. He spoke about possibly setting up a fund to support repairs and replacements of wells that have been affected by droughts, fires, and contamination.

Conclusion

It is important that well owners, especially those who rely on exempt wells for domestic use, maintain awareness of potential rules and regulations that could require additional procedure concerning their water access. House Bill 3419 is currently in front of the Oregon House Committee on Agriculture, Land Use, Natural Resources, and Water. There are no scheduled hearings on this bill, and the deadline to submit testimony has expired. We will continue to monitor the progress of HB 3419, so check back for updates! If you’re interested in learning more about ongoing water right issues, visit our the Schroeder Law Offices, PC blog!

More Information about House Bill 3419

1. Oregon Well Owners Face New Restrictions: State Proposes Controversial Monitoring Plan – The Hillsboro Herald
2. Farmers fret water meter mandate (HB 3419 hearing) | Oregon Catalyst
3. Good News – The Oregon Legislature is Not Trying to Meter Your Domestic Well – Oregon Property Owners Association
4. Agriculture, Land Use, Natural Resources, and Water House 2025 Regular Session – Oregon Legislative Information System
5. OWRC Testimony

Oregon Snowpack: A Winter Wonderland in 2025

With the first day of spring just around the corner, Oregon’s snowpack is now a topic of significant interest and importance. This year, Oregon has experienced remarkable snowfall, leading to a snowpack that is not only above average but also the best in the western United States. What does this record-breaking year mean for the region?

A Record-Breaking Oregon Snowpack

As of February 2025, Oregon’s snowpack has reached an impressive 144% of normal levels with all watersheds at 77% or higher of median snow-water levels. The John Day, Malheur, Harney, and Lake County-Goose Lake watersheds all have more than 150% of median snow-water levels. The levels across the state look very similar to those in 2019.

The accumulation is due to a series of cold winter storms providing large amounts of snow across the state. The heavy snowfall has been a welcome sight for many, especially after several years of fluctuating snowpack that raised concerns about water supply and drought conditions. Oregon has enjoyed a successful winter ski season. Skiing is expected to continue far into the spring, with many ski areas near or at 100 inches of snow.

Implications for Water Supply

This substantial Oregon snowpack is not only enjoyed for recreational winter snow uses. It also bodes well for water users during the rest of the year. The current snowpack levels are a positive sign for Oregon’s water supply. With snowpack levels well above average, the state is better positioned to meet water demands for agricultural and recreational uses, especially with irrigation seasons starting in March. The ample snowpack reduces the immediate risk of drought, providing a buffer against dry conditions that could arise later in the year.

Looking Ahead

While the current Oregon snowpack levels are encouraging, it is important to remain cautious. In recent years, strong snowpacks have melted too quickly due to early warm temperatures in spring and summer. This faster melting reduces the snowpack’s ability to prevent wildfires. It is wise to approach the season with caution and to be well-prepared.

All in all, this is good news for Oregon water users, and we will hope for a bountiful summer.

Integrated Water Resources Strategy: Oregon IWRS

IWRS means Oregon’s statewide Integrated Water Resources Strategy. On November 12, 2024, six Oregon departments hosted a public meeting to discuss IWRS priorities for the next five to 7 years. Sponsoring departments included:

• Water Resources Department
• Department of Fish and Wildlife
• Department of Environmental Quality
• Department of Agriculture
• Watershed Enhancement Board
• Department of Land Conservation and Development

Over 50 people attended both online and in person in Salem, including Schroeder Law Offices, to learn what the agencies believed were the most important actions for the state to take related to water quality and quantity concerns.

What IWRS Is

The IWRS is a state-wide initiative for inter-agency communication to understand Oregon’s instream and out-of-stream water needs. Governor Kotek requested a pause on IWRS after the agencies issued the first draft of the priorities since many agencies were transitioning to new directors.

The IWRS has 47 required actions, and the agencies decided to break these actions down into three “buckets”. They are titled 1) Prevent Things from Getting Worse; 2) Optimize: Highest and Best Use; and 3) Help Communities Prepare and Adapt.

The first bucket concerns sustainable practices and limiting and reducing contamination of water resources. The second bucket concerns prioritizing innovative water solutions and data-driven projects for decision-making. The third bucket concerns informing the public of what the “water future” looks like, helping economies adapt to water changes, and increasing volunteer-based incentive programs for target priorities. The public had the opportunity to comment on the agencies’ priorities. They provided questions and feedback as well.

Commenters questioned the lack of enforcement language within the goals from the Department of Environmental Quality, such as in the Lower Umatilla Basin Groundwater Management Area. This area, referred to as the “LUBGWMA,” experiences challenges with nitrate levels in domestic wells that are not connected to a community or municipal system. Commenters also questioned the scale of the projects to ensure the projects could be feasibly implemented in all communities.

Next Draft Coming in January, 2025

The agencies will publish the next draft for the IWRS in January 2025 which will include these priority areas. The public can submit comments to the draft IWRS. If you have interest in these projects or concerns, be sure to submit comments to the agencies for their consideration. After public review and comment, the agencies will present the draft to the Water Resources Commission in March 2025 for a workshop discussion. The agencies expect to provide the Final Draft of the IWRS to Water Resources Commission in late Spring 2025, with a hope of official adoption in June 2025.

On September 17th, 2024, the Oregon Water Resources Department (OWRD) implemented new groundwater rules that have sparked significant debate. While these rules aim to promote sustainable water use, they also raise several concerns that merit discussion.

Arbitrary Power and Political Influence

One of the primary criticisms of the new groundwater rules is that they grant the OWRD considerable discretionary power. The department can now deny groundwater permits based on criteria that some argue are too subjective and potentially influenced by the political climate at the time of filing. This level of control could lead to inconsistent decision-making, where permit approvals or denials hinge more on the prevailing political winds than on objective, scientific assessments.

New Groundwater Rules: Development by Unelected Officials

Another contentious point is that these rules were developed by unelected officials. The process involved various advisory committees and consultations, but ultimately, the decision-making power rested with individuals who are not directly accountable to the public. This has led to concerns about transparency and the democratic legitimacy of the rule-making process.

Influence of Powerful Non-Profit Organizations

The involvement of powerful non-profit organizations in shaping the new groundwater rules has also been a point of contention. Groups such as the Oregon Environmental Council and WaterWatch of Oregon played significant roles in the advisory process. While these organizations advocate for important environmental causes, their influence raises questions about whose interests are being prioritized. Critics argue that the rules may reflect the agendas of these groups more than the needs of all Oregonians.

Balancing Conservation and Agriculture

Water conservation is undeniably crucial, especially in the face of climate change and increasing water scarcity. However, the new groundwater rules must also consider the needs of Oregon’s robust agriculture industry. Agriculture is a vital part of the state’s economy, and overly restrictive water regulations could harm farmers and ranchers who rely on groundwater for irrigation and livestock.

Conclusion

While the new groundwater rules aim to address critical issues of sustainability and resource management, they also present several challenges. The potential for arbitrary decision-making, the influence of unelected officials and powerful non-profits, and the impact on the agriculture industry are all significant concerns that need to be addressed. Moving forward, it is essential to find a balanced approach that ensures water conservation while respecting the diverse needs of all Oregonians.

At Schroeder Law Offices, P.C., we can assist you in navigating the new and evermore complicated water laws in Oregon. Please contact us at (503) 281-4100 if you have any questions. Or for more about water rights in Oregon see this article.

Oregon Women for Agriculture hosts its Annual Auction and Dinner on April 20^th, 2024, at the Linn County Fairgrounds in Albany, Oregon. The theme for this year is “Bee for Agriculture.” Senior paralegal Tara Lomacz, a member of the Yamhill County chapter of OWA, helps organize the event and will attend once again on behalf of Schroeder Law.

Willamette Valley farm women organized OWA 50 years ago. These women were concerned with regulatory issues impacting the grass seed industry. Since then, this all-volunteer group has broadened its scope to include nearly all facets of agriculture and areas of the state of Oregon. OWA provides volunteers and fundraising for Oregon AgFest in Salem every year, reaching 20,000 people. Volunteers put together bus ads and radio spots in metropolitan areas to help citizens understand where their food is grown. Further, OWA provides support for teachers who participate in Summer Agriculture Institute at Oregon State University. It is through these projects and more that OWA can accomplish their mission of working together to communicate the story of today’s agriculture.

The OWA Annual Auction is the only fundraiser of the year. The event includes a silent auction, dinner, and oral auction beginning at 7:15pm. If you want more information on this event, then visit the event website here. Tara hopes to see you there!

You just purchased property with a pond, or a reservoir. Within the documents provided by the prior owner, you did not find a “typical” stored water right certificate or permit to store water. But you did find a water right of use that allowed storage water to be used for irrigation. Now, you fear the prior owner did not apply for a permit to store water with the Oregon Water Resources Department (“OWRD”). You do not like the current location of the pond or reservoir. You worry you cannot change anything about the pond or reservoir due to the missing water right of use or water right certificate.

This may not be the case, but to be sure, you must research stored water rights in Oregon.

Applications and Use

OWRD may allocate water for “beneficial use.” To receive an allocation, a person must apply to the OWRD. A person can apply for a right of use to store water but needs a secondary right to “use” the stored water. In other words, OWRD requires two permits, one to store and one to use. For example, water use permits only apply to uses for irrigation, nursey, or recreation, not storage.

In the early 1990s, the State allowed owners of reservoirs built prior to 1995 to apply for a reservoir to be “exempt” from OWRD’s “typical” water right application process for storage. If the owner followed the proper steps, the reservoir would be exempt but would not necessarily receive a standard “certificate” from OWRD. In other words, the owner wouldn’t be subject to penalties for storing water in the reservoir even though OWRD didn’t issue a water right certificate. If a person did not qualify for or complete these steps, they would need to apply for a “typical” stored water use permit.

Transfer Applications for Stored Water

In your research, you find out that you have an exempt reservoir. You are relieved to find out that you can legally store water on your property. However, you are still unhappy with the location of the reservoir.

Due to a recent Oregon Court of Appeals ruling, you will be able to change the location of your reservoir with a transfer application submitted and approved by OWRD. Since 2018, OWRD argued it did not have the authority to transfer, or relocate, any storage water right of use under state law. In Bridge Creek Ranch, LLC v. Oregon Water Resources Department, the Oregon Court of Appeals did not agree with OWRD’s interpretation. The Court determined that a primary right to store water and a secondary right to use the stored water are “inextricably linked”. Therefore, OWRD must accept transfer (change) applications for stored water uses that were issued certificates.

This clarification could allow you to hopefully transfer the location of your reservoir to a more convenient part of your property and allow you to begin perfecting your water rights.

Looking for something fun and educational to do this weekend? Why not check out the Oregon State Fair! This year’s fair runs through Monday, September 4th. The event boasts tasty snacks, a stacked lineup of musical guests, and events celebrating Oregon’s farm and agriculture community. This coming weekend marks the second and final weekend of the fair and is being held as usual on the Salem, Oregon Fairgrounds.

While you’re there, be sure to stop by the Oregon Women for Agriculture booth. Founded in 1969, Oregon Women for Agriculture educates the community on the importance of sustainable agriculture to the environment and economy.

Find event details on the Oregon State Fair website by clicking here: https://oregonstatefair.org/.

The Oregon Water Resources Department (“OWRD”) has stopped processing new groundwater applications and begun to severely limit groundwater permit extensions. This policy change places a significant burden on groundwater permittees and will directly impact agriculture in Oregon. Ultimately, OWRD’s policy change will significantly limit agricultural expansion in the state. 

In his article “Oregon Moves to Limit Groundwater Development,” Steve Shropshire cites “Draining Oregon,” the 2016 report published in The Oregonian, as the major catalyst for increased regulation. The Oregonian article covered groundwater issues in Oregon and argued that OWRD was over permitting the use of the state’s groundwater supply. Soon after The Oregonian article, OWRD updated their Integrated Water Resources Strategy to name groundwater as one of the biggest issues concerning Oregon’s water future.

Even though OWRD has not passed a rule, OWRD has ceased processing new groundwater applications and limited its issuance of groundwater permit extensions as a policy matter. OWRD has also limited the issuance of new groundwater rights in the Walla Walla, Harney, and Umatilla basins. These actions will pose a big change for agriculture in Oregon, as acquiring new groundwater rights will be much harder, if not impossible. To participate in the rule making process when that occurs, go to:  Water Resources Department: Proposed Rulemaking : Oregon Administrative Rules : State of Oregon

Stay informed on the latest groundwater issues, current events, and all things water by signing up for Schroeder Law Offices’ weekly email newsletter to the right.

[This article was originally published in the February, 2022 Oregon Real Estate and Land Use Digest by the Section on Real Estate and Land Use, Oregon State Bar]

In Oregon, water rights must be beneficially used according to their terms at least once every five years to remain in good standing. If they are not, water rights are subject to cancellation for forfeiture. ORS 540.610. Thus, Oregon’s forfeiture statute enacts the “use it or lose it” principle that is common in Prior Appropriation water system states. Water right holders must use their water rights or risk cancellation.

In the late 1980s, the Oregon State Legislature recognized instream beneficial uses for water, allowing the State to hold or lease water rights for instream purposes such as recreation, navigation, pollution abatement, and fish and wildlife. Under ORS 537.348, water right holders may temporarily lease water rights to the State for instream purposes for up to five years, renewing such instream leases thereafter. The statute provides that water rights leased instream are “considered a beneficial use.” ORS 537.348(2). As such, the forfeiture provisions of ORS 540.610 are not triggered during the period a water right holder leases their water right instream. Many water right holders use the instream lease program to safeguard their water rights in times when such water rights might not otherwise be used once every five years. The instream lease program serves dual purposes of providing instream flows while protecting private property interests in water use.

WaterWatch of Oregon v. Water Resources Department, 369 Or 71 (2021), questioned whether a hydroelectric water right could be leased instream and thereafter, once the lease(s) expired, be used again for hydroelectric or other beneficial uses of water. At issue in this case is a hydroelectric water right held by Warm Springs Hydro, LLC (“Warm Springs”). In 1995, Warm Springs’ predecessor shut down the associated hydroelectric project and began a series of instream leases from 1995 to 2020. WaterWatch of Oregon (“WaterWatch”) petitioned for judicial review of the Oregon Water Resources Department’s (“OWRD’s”) final order approving the 2015-2020 instream lease, and Warm Springs intervened.

In addition to the forfeiture provisions that are applicable to all water rights, ORS 543A.305 (enacted in 1997) applies specifically to hydroelectric water rights. The statute provides:

Five years after the use of water under a hydroelectric water right ceases, or upon expiration of a hydroelectric water right not otherwise extended or reauthorized, or at any time earlier with the written consent of the holder of the hydroelectric water right, up to the full amount of the water right associated with the hydroelectric project shall be converted to an in-stream water right, upon a finding by the Water Resources Director that the conversion will not result in injury to other existing water rights.

ORS 543A.305(3). Further, the statute specifies that the conversion to an instream water right “shall be maintained in perpetuity, in trust for the people of the State of Oregon.” ORS 543A.305(2).

Prior to this case, OWRD interpreted ORS 543A.305(3) similar to the forfeiture statute; that is, so long as a hydroelectric water right continues to be used for hydroelectric water use or another beneficial use under an instream lease, the hydroelectric water right is not subject to conversion to a permanent instream water right. WaterWatch challenged OWRD’s interpretation, arguing hydroelectric water rights are subject to conversion five years after the specific hydroelectric use of water ceases. The Marion County Circuit Court and the Oregon Court of Appeals both ruled in favor of OWRD and Warm Springs, but the Oregon Supreme Court reversed and remanded the decision on December 23, 2021.

The Oregon Supreme Court reviewed the text of the two statutes in conjunction with the context of the statutes and legislative history. The Court held “the use of water under a hydroelectric water right” means water use only for hydroelectric purposes as specified in the water right certificate, and does not include beneficial use under an instream lease. WaterWatch of Oregon, 369 Or at 88-89. The Court reasoned that once a hydroelectric water right is leased instream, the beneficial use is converted to another purpose other than hydroelectric water use. Id. at 91-94. The Court further held that “ceases” under the statute has an ordinary meaning, so Warm Springs’ water right was subject to conversion to an instream water right in the year 2000, five years after the hydroelectric project was shut down. Id. at 89-91.

The Oregon Supreme Court’s ruling will have significant impacts on hydroelectric water rights in the State. Most obviously, other hydroelectric water right holders in situations analogous to Warm Springs may face conversion of their hydroelectric water rights to permanent instream water rights. As such, property owners who believed they were appropriately safeguarding valuable water right holdings through instream leases may find themselves mistaken.

Another consequence of the Court’s decision is that instream leases over four years in length are essentially “off the table” for hydroelectric water rights. Hydroelectric water uses must resume within five years or risk conversion to permanent instream water rights. Thus, there is no incentive for hydroelectric water users to lease their water rights instream to avoid forfeiture, and, in the process, guarantee instream flows. Instead, the ruling incentivizes quick transfers to other, possibly more consumptive, water uses through the transfer process before the hydroelectric water right is converted to a permanent instream water right. ORS 543A.305(7).

Finally, conversion of appropriative water rights to instream water rights allows the State to enforce against upstream junior water users to ensure instream rights are satisfied. Conversion of large, early priority hydroelectric water rights to permanent instream purposes may have the outcome of increased regulation against other water right holders.  

The original article is available in PDF format here.

The Oregon Legislature’s short session officially begins today, February 1^st. It is anticipated that water users and water managers alike can catch their breaths somewhat during the short session, since not as many water-related bills will be considered.

The 2021 regular session was a marathon for those of us closely following or involved in water resources policy and law. In that session, efforts continued to correct the State’s questionable opinion that storage water rights cannot be modified through the transfer process. Only character of use transfers are reauthorized for the time being. Additionally, a threat to the due process rights of regulated water users was advanced. Only through great efforts was the attempt abated with some compromises of additional procedures around stays of agency orders during judicial review. Moreover, an onerous and costly water use reporting bill was proposed, despite information from the Oregon Water Resources Department that other types of data should be pursued, like additional stream gages and satellite data for evapotranspiration. The bill did not pass, but it did spur broader conversations about water management and planning that continue currently. Finally, the groundwater exemption for livestock came under attack, as proponents unsuccessfully attempted to limit the exemption to a daily maximum. In addition to these bills, many more were proposed, some of which were enacted into law.

In 2020, I began the position of Water Resources Chair for the Oregon Cattlemen’s Association. The 2021 Legislative Session was my first opportunity to participate in a large number of legislative bills on behalf of the organization. The experience certainly kept me on my toes and gave me an entirely new perspective of legislators and those who engage heavily in legislation. The bills are numerous, long, and ever-changing throughout the session. There is always too much work to be done in too little time to build consensus, draft written testimony, and testify in hearings. In 2021, we also tackled the additional hurdle of remote hearings on proposed bills due to the Covid-19 pandemic. This is to say that the 2021 legislative session was challenging, but also very exciting and rewarding. I was honored to receive an award from the Oregon Cattlemen’s Association in recognition of these efforts for “distinguished Committee leadership, responsibility, knowledge, expertise, advocacy, and tireless service to cattle producers and the Oregon Cattlemen’s Association.”

Short sessions of the Legislature in Oregon are not intended to address substantial changes in the law. Thus, it is not surprising that less water-related bills are anticipated this year. However, one priority that began receiving additional attention in 2021 is anticipated to continue at the forefront in 2022: water theft for illegal cannabis operations. Funding was provided in a special session in 2021, and numerous news articles detail the problem in the midst of the severe and continuing drought in Oregon and the West. House Bill 4061 (2022) would allow the Oregon Water Resources Department to obtain warrants to inspect private property. Additionally, the bill would require persons who both deliver water and receive water deliveries to ensure such water is from legal sources and keep records to that effect. Finally, the bill proposes to increase civil penalties for illegal water use when the crop grown is cannabis.

It is possible that additional water-related bills will be proposed in the 2022 regular session. For the time being, I will enjoy a little bit of a break on this front, being mindful that the 2023 regular session is just around the corner!  

(The below article is reproduced from the January, 2022 issue of Oregon Cattleman, the publication of the Oregon Cattlemen’s Association. For a PDF copy of the article, use this link.)

2021 was a terrible water year in Oregon. We experienced record high temperatures and record low precipitation, after several years of already below-average precipitation, little or no carryover water in reservoirs, historically dry soils, and severe wildfires. This year highlighted the need for additional water storage to increase water security during times of drought.

At the Oregon Cattlemen’s Association’s annual meeting, the Water Resources Committee voted to adopt a resolution promoting water infrastructure and storage to guide the organization’s priorities going forward, and the Board adopted the resolution. This policy will be especially important in coming years, as we face increasing roadblocks to achieving water storage and infrastructure goals. State water policies are oftentimes conflicting, recognizing the importance of creating additional storage, while at the same time promoting activities that foreclose opportunities for storage.

For example, Oregon’s Integrated Water Resources Strategy includes a “recommended action” to plan and prepare for drought resiliency. The Strategy also includes a “recommended action” to develop instream water protections. These two strategies are not necessarily opposed, however, when one strategy is actively pursued while the other falls by the wayside, the State’s actions do not balance both needs. Moreover, only so much water exists within water basins, and the creation of instream water rights takes that water “off the table” for purposes of increasing or creating water storage.

In 1987, the Oregon State Legislature passed the Instream Water Right Act allowing the State to convert minimum perennial instream flows to instream water rights, apply for new instream water rights, and lease or transfer existing water rights to instream uses such as recreation, pollution abatement, and fish and wildlife. Thus, instream water rights are not a new concept. However, the Oregon Department of Fish and Wildlife’s (ODFW’s) website details that the agency “re-established” its instream water rights filing program in 2016, “consistent with Oregon’s Integrated Water Resources Strategy.” Thus, we have seen in the last few years hundreds of applications for instream water rights filed by ODFW in different water basins throughout the State. ODFW’s policy stated in its administrative regulations is “to obtain an in-stream water right on every waterway exhibiting fish and wildlife values.” OAR 635-400-0005.

Unlike appropriative water rights, instream water rights are not constrained by the amount of water actually available to fulfill the instream water right. Rather, ODFW’s applications may request the amount of water ODFW determines is needed to support the fish and/or wildlife species. As such, ODFW applications regularly include requested rates that exceed available stream flows. Such applications, if approved, have the effect of precluding any new appropriative water use rights within or upstream from the stream reach designated in the application.

Moreover, once instream water rights are in place, existing water right holders lose the flexibility to transfer their points of diversion upstream. The instream water right holder (the State) must consent to the “injury” the transfer would cause. In exchange for its consent, the State typically requires mitigation by placing a portion of the transferred water rights instream. The 1987 Instream Water Right Act provided, “The establishment of an in-stream water right…shall not take away or impair any permitted, certificated or decreed right to any waters or to use of any waters vested prior to the date the in-stream water right is established…” ORS 537.334(2). In practice, however, existing water right holders lose the flexibility they might have otherwise enjoyed to modify their water rights as needed for their operations.

This is not to say that instream water rights have no place or value. The reason for outlining the increased emphasis on instream rights recently, and the effects such rights have on new and existing appropriative water rights, is to point out that we, as a State, are falling short on drought resiliency preparation efforts at the same time water resources are being irreversibly committed to instream purposes. In 2013, when the Legislature passed Senate Bill 839, establishing the Water Supply Development Fund, many hoped that the fund would be used to increase water storage throughout the State. As a whole, that fund has not created substantial new storage. The State must do better to carry forward all components of the Integrated Water Resources Strategy, including planning and preparation for drought resiliency through water storage and infrastructure improvements.

The Oregon Water Resources Department (OWRD) received a large funding package in the 2021 regular session of the Legislature. The Oregon Cattlemen’s Association joined a coalition letter to OWRD outlining recommended priorities for implementing that funding. The first priority in that letter is a request that OWRD renew its focus on increasing storage and improving disaster resiliency. Congress recently passed the Infrastructure Investment Jobs Act, and the letter further asks OWRD to develop a plan to leverage federal funds in support of these efforts.

In addition to government reprioritization and implementation of plans to prepare for droughts, individuals and groups from the agriculture community will need to lead the way and identify projects in their communities. It is possible that storage opportunities may be identified through place-based planning efforts in partnership with State agencies. Soil and water conservation districts and other local entities can also assist individuals to navigate the myriad of questions and processes involved. The Oregon Cattlemen’s Association will continue to advocate for legislation and government actions in furtherance of this goal, and assist members who are interested in exploring new or expanded water storage opportunities.

If you are interested, you might also check out Schroeder Law Offices’ free webinar about winter storage, available at: http://water-law.com/water-right-video-handbook-guide/.

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

Please register in advance for the new webinar at https://us02web.zoom.us/webinar/register/2616261961273/WN_CNx3ZdMBRf62SXFmD80EMw

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!