Oregon

Does your Oregon water well have a Well Identification Number? Should it?

Oregon / By

Many Oregonians use water wells on their properties. Since the 1960s, well drillers have been statutorily required to submit well logs to Oregon Water Resources Department (“OWRD”) for each water well they drill or modify. Well drillers are also statutorily required to record identification numbers on any water wells drilled, deepened, converted, or altered since […]

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101 on Forfeiture vs. Abandonment Under Prior Appropriation Doctrine

Nevada, Oregon, Water law / By

Forfeiture We’ve all heard “Use it or Lose it” referring to the Prior Appropriation System.  The use it or lose it concept is the term we use for legal forfeiture which will apply to your water rights of use depending on your jurisdiction and type of water right.  Generally, this concept requires beneficial use of

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Renewable Energy Demand Grows; Hydro Power Faces Challenges, Opportunities

California, Legislation, Oregon, Water law / By

In the Northwest, a substantial percentage of our power comes from hydroelectric projects. California’s new legislation requires utilities to provide electricity from 50% renewables by 2030, and Oregon’s new legislation requires the same by 2040. The hydro power industry is viewing these renewable standards as creating continuing demand for hydro power, but several trends are

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Sarah Liljefelt

Announcing Sarah Liljefelt as Junior Partner!

California, Oregon, Water law / By

Schroeder Law Offices is proud to announce Portland’s Managing Attorney, Sarah Liljefelt, has been promoted to Junior Partner.  Sarah has been with the firm since 2009 as a law clerk, and joined the firm full time after receiving her Juris Doctorate and Certificate in Environmental and Natural Resources Law from Northwestern School of Law of Lewis

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California’s New Water Measuring, Recording & Reporting Law

California, Legislation, Oregon, Water law / By

California Governor Brown signed Senate Bill 88 into law on June 24, 2015. Part of that Bill amended the California Water Code to require that all persons who divert 10 acre-feet or more of water per year after January 1, 2016 must install a water measuring device to measure the rate of diversion (including diversion

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Forest Service Changes It’s Tune on Transfer of Ski Area Water Rights

California, Idaho, Oregon, Washington, Water law / By

Final rulemaking related to Forest Service permits for Ski Area Water Rights was released on December 30, 2015. Unlike an earlier directive passed in 2011, the Ski Area Water Clause will not require ski areas to transfer water rights to the federal government as a condition of operating on public land. Instead, the new clause will

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Klamath Basin Bill Does Not Pass This Year

Legislation, Oregon, Water law / By

Congress has adjourned for the year without passing a bill to authorize and fund the Klamath Agreements. The Klamath Basin agreements include: the Klamath Hydroelectric Settlement Agreement (“KHSA”), Klamath Basin Restoration Agreement (“KBRA”) and Upper Klamath Basin Comprehensive Agreement (“UKBCA”) that together lay out a comprehensive scheme for changes in management along the entire reach

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Oregon Water Use Permits May be Split

Legislation, Oregon, Water law / By

Oregon Revised Statute 537.225 was enacted in 2013, allowing water use permit holders with irrigation, nursery, temperature control, stock watering, or agricultural water uses and subsequent completion dates to apply for assignment of all or part of the water use permit, and for the issuance of a replacement water use permit that reflects that assignment.

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Ninth Circuit – Klamath Straits Drain and Clean Water Act

Oregon, Water law / By

NINTH CIRCUIT UPHOLDS RULING — NPDES PERMITS ARE NOT REQUIRED FOR TRANSFERS OF WATER IN THE KLAMATH BASIN ONRC Action v. United States Bureau of Reclamation (9th Cir. Or. Aug. 21, 2015) cdn.ca9.uscourts.gov/datastore/opinions/2015/08/21/12-35831.pdf The Ninth Circuit Court of Appeals was recently presented with the issue of whether the Bureau of Reclamation violated the Clean Water

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Fish Persistence and Municipal Water: Oregon SB 712

Oregon, Water law / By

By Derek Bradley Most municipalities have water use permits reserved for their current needs and projected future growth, typically in the form of one or more municipal water rights of use or permits. These water use permits have timelines for the cities to fully develop the beneficial use entitlement. Based on current population and use,

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Oregon Governor John Kitzhaber Resigns

Legislation, Oregon / By

At 12:15 PM today, Oregon Governor John Kitzhaber announced his resignation, effective Wednesday, February 18, 2015 at 10:00 AM. Kitzhaber’s resignation is the first time in Oregon history that a Governor has resigned amid active criminal and ethical investigations. Secretary of State Kate Brown will assume the office of Governor, and will hold office at

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Oregon Irrigation District Election Manual

Oregon, Water law / By

Schroeder Law Offices, P.C. is pleased to present the Oregon Irrigation District Election Manual. This manual provides an overview of the Irrigation District election process, and presents timelines and special considerations involved in regular and special elections. This manual includes the topics of: Elector Voting Rights Director Qualifications Director Nominations Voting by Mail Pre-election Procedures

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Fish Persistence in Municipal Water Permit Extensions

Case Law, Oregon, Water law / By

On December 31, 2014, the Oregon Court of Appeals decided WaterWatch of Oregon Inc., v. Water Resources Department, 268 Or. App. 187 (2014). The Court of Appeals reviewed three final orders for extensions of time for municipal water permits in the Clackamas River. After contested case hearings, the Water Resources department granted the extensions, subject to fish persistence

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Rulemaking for Water Use Preference for Human Consumption and Stock Water Use in Klamath County; Comment Period Open

Oregon, Water law / By

Oregon follows the Prior Appropriation principle for water use. The guiding principle of the Prior Appropriation Doctrine is “first in time, first in right.” Thus, water users with earlier priority dates may have their water use rights satisfied before junior water users, or may even require junior users to cease diversions, if there is not

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Klamath County Drought: Extension of Comment Period for Rulemaking

Legislation, Oregon, Water law / By

Earlier this month, the Oregon Water Resources Department announced in this press release that the Department would be submitting a second notice of proposed rulemaking, holding a second public hearing, and extending the comment period for proposed rules that grant preference for “human consumption” and “stockwatering” uses following the Governor’s declaration of a drought. The

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Municipal Low Impact Development Design and Implementation

Oregon, Water law / By

For municipalities tasked with eliminating stormwater drainage, options tend to be expensive or regulatory steeple-chases with several iterations of reports, plans, approval processes, and permitting. A recent addition to the municipal toolbox of reducing stormwater runoff is the incorporation of Low Impact Development (LID) techniques that can serve as an alternative to the typical stormwater

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USCID Sacramento 2014: Conjunctive Management

California, Legislation, Oregon, Presentations, Water law / By

On March 4–7, the 2014 United States Committee on Irrigation and Drainage (USCID) met in Sacramento California on the topic of “Groundwater Issues and Water Management—Strategies Addressing the Challenges of Sustainability.”  The Conference included our study of “Conjunctive Management: Changing Water Regulation and Evolving Strategies.” This paper focused on western States regulation of surface and

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