El Niño is gracing the West Coast of the United States and water watchers are enjoying relief from the past few years of drought, but the catch-up game may take longer than hopefuls could dream. Reports from the U.S. Climate Prediction Center indicate that wetter weather is forecast for the West Coast through at […]
Drought Aid in the West Read More »
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
Ninth Circuit – Klamath Straits Drain and Clean Water Act Read More »
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,
Fish Persistence and Municipal Water: Oregon SB 712 Read More »
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
Oregon Governor John Kitzhaber Resigns Read More »
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
Oregon Irrigation District Election Manual Read More »
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
Fish Persistence in Municipal Water Permit Extensions Read More »
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
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
Klamath County Drought: Extension of Comment Period for Rulemaking Read More »
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
Municipal Low Impact Development Design and Implementation Read More »
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
USCID Sacramento 2014: Conjunctive Management Read More »
National Ground Water Awareness Week brings our attention to the “hot” issues in ground water now focused in Oregon, perhaps surprising to some, in the Klamath Basin. On March 7, 2013, the Oregon Water Resources Department (“the Department”) issued its Findings of Fact and Order of Determination (“FFOD”), thus ending the administrative phase of the
Whitsett Water Bills (House Bill 4044 & Senate Bill 1572) Read More »
On December 11, 2013, the Oregon Court of Appeals issued a ruling interpreting the amended ORS 537.230(2) conditions. ORS 537.230(2) prescribes conditions for the Oregon Water Resources Department (“the Department”) to grant municipal permit extensions to complete construction and apply water to beneficial use in order to perfect water use rights. In this case, the
Oregon Court of Appeals Decides Cottage Grove Case Read More »
Senator Doug Whitsett”s recent e-newsletter provides some insight into EPA’s proposed rule concerning Clean Water Act Jurisdiction. Read more here.
EPA’s proposed rule concerning Clean Water Act Jurisdiction Read More »
Our office often receives questions from clients regarding the availability of water in a particular area. The Oregon Water Resources Department has a search engine that we often use to get started on this type of research. To access the search engine use the following link: http://apps.wrd.state.or.us/apps/misc/lkp_trsqq_features/default.aspx. Enter the latitude and longitude or address for
Helpful Oregon Water Availability & Information Research Tool Read More »
The 2013 Oregon Legislature session will begin Monday, February 4. Of over 1200 bills introduced, several expressly or implicitly relate to water use and water management. In particular the Oregon Water Resources Department (“Department”) has introduced several bills related to water management and water use fees. SB 217, introduced by the Department, proposes a water
Oregon Water Funding Legislation Read More »
The following annoucenment was issued by the Bureau of Reclamation on January 4, 2012: The Bureau of Reclamation has reissued for public comment four draft Reclamation Manual releases regarding water-related contracting activities. These draft releases provide definitions of key terms and revise existing definitions for water-related contracts, restructure and clarify Reclamation’s water transfer and conversion
Bureau of Reclamation: Water Contracting Read More »
The Director’s Report for the Oregon Water Resources Commission January Meeting breaks down water conditions in the State: “Current Water Conditions: The surface water supply index (SWSI) is a numerical index computed for the 14 major water basins in Oregon. The index ranges from + 4.0 indicating extremely wet conditions to – 4.0 indicting extremely
OWRD Director’s Report Addresses Water Conditions Read More »
Under Oregon law, a city may provide utility services to its inhabitants “[w]hen the power to do so is conferred by or contained in its charter or act of incorporation.” (ORS 225.020). This includes providing water and sewer services “for profit” so long as the city’s charter provides and the public trust is not violated in doing so.
Portland Sued Over Sewer and Water Funds Read More »
Oregon Public Broadcasting (“OPB”) News recently featured a brief story on the Oregon Natural Desert Association’s (“ONDA”) agreement with a rancher in the Bend, Oregon area. The agreement allows for retirement of a nearly 3,000 acre federal grazing permit. Typically, the law requires retired permits to be reissued; however this particular allotment falls under a
Agreement for Retirement of 3,000 Acre Grazing Permit Near Bend Read More »
USG Oregon, LLC, a subsidiary of U.S. Geothermal, Inc., has acquired two geothermal mineral ownership interests in the Neal Hot Springs Project in Eastern Oregon. USG Oregon now holds significant mineral ownership interests in the Neal Hot Springs geothermal reservoir. The lands to which the mineral interests are appurtenant currently have two existing production wells
