Last month, attorney Sarah Liljefelt organized a tour of the Whooshh Innovations fish passage structure constructed for the Washington Department of Fish and Wildlife on the Washougal River. Members of the Oregon State Bar Environmental and Natural Resources Section attended, including attorneys in private practice, working for the State of Oregon, and public interest. Whooshh […]
Flying Fish Passage! Read More »
With the recent discoveries of lead in Portland Public Schools drinking water and the September 15th discovery at the University of Oregon, it becomes a reminder for us all to ensure that our groundwater supply is providing healthy and safe drinking water. According to the Oregon Health Authority, 90 percent of the population of the
How Safe is Your Drinking Water? Read More »
It’s getting close to that time of year again! As the 2016 irrigation season comes to a close, we here at Schroeder Law Offices want to remind you of the December deadlines to report measurements for your water uses to Water Resources Department (“OWRD”). There are two different reporting deadlines to be aware of in
New studies have shown that a large number of older farmers are concerned with their ability to find a successor who is able to afford to buy their land, thus putting their plans for retirement at risk. Currently, the average age of the American farmer is 58 years old. Only less than 6% of American
Next Generation Farmers Need Our Help Read More »
Lindsay Thane Schroeder Law Offices is happy to announce the newest addition the team, Lindsay Thane! Lindsay Thane has accepted the position as JD Paralegal in the Portland, OR office. Lindsay comes to Schroeder Law Offices from Montana where she received her J.D. from the University Of Montana School Of Law with a certificate in Natural
Schroeder Law Offices Welcomes Lindsay Thane to the Team! Read More »
Rights-of Way on Public Lands and Administrative Avoidance Century old rights-of-way uses of public lands can only be confirmed through a long, expensive federal court process. Because the Bureau of Land Management (BLM) and U.S. Forest Service (USFS) cannot determine the validity of water delivery and road rights-of-way on public lands, farmers, ranchers, and local
Rights-of Way on Public Lands and Administrative Avoidance Read More »
The Oregon Water Resources Commission’s (OWRC’s) rulemaking for the Greater Harney Valley Groundwater Area of Concern (Area of Concern) became effective on April 15, 2016. The new regulations limit pending and new applications for groundwater use in the Malheur Basin. Citing concern over lowering groundwater levels in the region, OWRC passed the new regulations to
New: Harney Valley Groundwater Area of Concern Read More »
On April 6, 2016, amendments to the Klamath Hydroelectric Settlement Agreement (KHSA) and the new Klamath Power and Facilities Agreement (KPFA) were signed at a ceremony at the mouth of the Klamath River on the Yurok Indian Reservation. These changes come in the wake of the Congress’s decision not to pass legislation for the Klamath
Update: Klamath Basin Agreements in 2016 Read More »
The Oregon Water Code provides that construction of a water system must be completed within certain time limits from issuance of water use permits (5 years for non-municipal water use permits, and 20 years for municipal permits). ORS 537.230 (“…the holder of a water right permit shall prosecute the construction of any proposed irrigation or
New Oregon Water Permit Condition to Begin Construction Read More »
The Oregon Water Resources Commission recently awarded nine water supply project proposals in the state of Oregon with a combined $8.9 million for projects focusing mainly on water conservation. The Commission received funding in the amount of $14 million from the state to implement large-scale water conservation plans across the state. Although urged to fund
Oregon water conservation projects receive $8.9 million in funding Read More »
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
Does your Oregon water well have a Well Identification Number? Should it? Read More »
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
101 on Forfeiture vs. Abandonment Under Prior Appropriation Doctrine Read More »
BLM’s Sage Grouse Plan Collaboration-Implementation is underway. As part of the BLM’s effort to ensure collaboration and engagement during implementation of the sage grouse plans, the BLM is sending out invitations to stakeholders to begin the dialogue. These invitation only meetings will occur on: April 22nd in Salt Lake City, UT April 26th in Boise,
Sage Grouse Workshop Read More »
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
Renewable Energy Demand Grows; Hydro Power Faces Challenges, Opportunities Read More »
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
Announcing Sarah Liljefelt as Junior Partner! Read More »
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
California’s New Water Measuring, Recording & Reporting Law Read More »
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
Forest Service Changes It’s Tune on Transfer of Ski Area Water Rights Read More »
If you don’t know the Hammond family of Harney County, Oregon, you will soon. As the Hammond protest builds momentum backed by a voluntary militia, Dwight Hammond, 73, and his son, Steven Hammond, 46, are making headlines again. Three years ago, the pair made headlines when convicted in Federal Court of arson for fires lit
Hammond Protest builds Militia Momentum Read More »
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
Klamath Basin Bill Does Not Pass This Year Read More »
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.
Oregon Water Use Permits May be Split Read More »
