Schroeder Law Offices does everything water, including educating others on the basics of water law, resource planning and water rights.

Recently at an educational one day “Boot Camp,” attorney Laura Schroeder covered an expansive list of water related topics for registrants from the Yamhill Soil and Water Conservation District. The class was tailored specifically to the audience’s questions and each attendee walked away with a gift certificate for a personal, free hour of consultation on water rights from Schroeder Law Offices, as well as wealth of new information.

Upcoming Water Rights Boot camps include this week with the Tualatin Soil and Water Conservation District on Thursday, November 21^st. A link to the event can be found here. 

Unable to attend this event but wanting to know more? Click here to learn about the presentation topics our office provides and how you can schedule and public or private presentation with one of our attorneys.

On July 24, 2019, Tim Wilson, Nevada Division of Water Resources’ acting State Engineer gave an informative presentation on the 2019 Legislative Session. Mr. Wilson provided summaries of several water related bills that were introduced and/or passed during this session. A few of the more interesting bills are described below.

Assembly Bill 62 (AB 62)

AB 62 was introduced by the Committee on Natural Resources, Agriculture, and Mining on behalf of Nevada Division of Water Resources (“NDWR”) on November 19, 2018. This bill proposed legislative changes concerning the granting of Applications for Extensions of Time for Proofs of Completion only. It does not address Extensions of Time for Proofs of Beneficial Use. Currently a permittee is allowed any number of extensions of time to file a Proof of Completion of Work. According to Mr. Wilson, the threshold for granting an extension of time for a proof of completion is unreasonably low as the permittee need only show good faith and reasonable diligence to perfect their water right application. NRS 533.380 defines “reasonable diligence” as the “steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances.” Water cannot be placed to beneficial use unless and until the construction works are complete. Mr. Wilson noted that the granting of unlimited extensions of time is undermining the basic principal of beneficial use.

AB 62 sought to develop hard time limits on the filings of the Proofs of Completion of Work depending on the size of the project and the amount of money expended on the project. For example, a permit for municipal use would require a Proof of Completion to be filed within 15 years and at least $50,000 must be expended on the project. A permit for an irrigation or stockwater use would have a 5 year cap with a much smaller minimum expenditure. To accommodate permittees who are unable to complete construction of works for reason outside of their control, AB 62 proposed a “tolling” provision to suspend the time limit for express conditions such as the permittee is waiting on federal, state or local government consent necessary for the project or a pending court action or adjudication.

Many amendments were made to AB 62 and the bill was eventually passed by both the Assembly and the Senate. The Governor removed the majority of the language proposed, updated the statute to direct the State Engineer to adopt any regulation necessary to carry out provisions of the statute concerning Proofs of Completion and ordered that copies of the regulations be provided to any person upon request, signed the Bill, and directed NDWR to draft regulations. AB 62 as-enacted can be found at (https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/5987/Text). Workshops and public meetings will be held and NDWR plans to make the draft regulation language and updates available on their website at http://water.nv.gov/index.aspx.

Assembly Bill 95 (AB 95)

AB 95 was introduced by the Committee on Natural Resources, Agriculture, and Mining on behalf of the Legislative Committee on Public Lands on January 24, 2019. This bill proposed legislative changes for domestic well allowance during times of curtailment. Nevada statutes at NRS 534.110 require the State Engineer to conduct investigations of basins, or portions of basins; and, where it appears there is not enough groundwater supply to satisfy permittees and vested rights holders’ withdrawals, the State Engineer may order withdrawals (including withdrawals from domestic wells) to be restricted based on priority.

AB 95 amends the statutes so that in the event the State Engineer finds, or a court orders, State Engineer restriction, State Engineer curtailment, or basin designation under a Critical Management Area, the State Engineer can allow a domestic well to withdraw up to 0.5 acre feet annually, if it can be recorded by a water meter. The revised statute does not make domestic wells immune to curtailment but ensures they will still receive some water. AB 95 was passed by both the Assembly and Senate and was signed by the Governor. AB 95 as-enacted can be found at https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6082/Text.

Senate Bill 140 (SB 140)

SB 140 was introduced by the Committee on Natural Resources on February 11, 2019 and proposed to reserve 10 percent of water available for appropriation in certain basins not yet fully or over appropriated. Senator Pete Goicoechea testified that the intent of SB 140 is to “avoid over-appropriation of available water in basins by placing a marker for retention.” SB 140 was passed by the Senate and Assembly and signed by the Governor. SB 140 as-enacted can be found at https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6171/Text. As enrolled, NRS 533 will now include a provision wherein for each basin where there is uncommitted groundwater pursuant to existing permits, certificates or otherwise, the State Engineer shall reserve 10 percent of the total remaining, non-committed, unappropriated groundwater. As introduced, SB 140 intended for the reserved water to be available for use during times of drought or emergency, however, as enrolled, the statute further explains that the groundwater reserved in the basin is not available for any use.

During the presentation many questions and comments were posed as to how this will be implemented, and all the issues that come into play practically as well as legally. NDWR now must attempt to figure out the amounts of uncommitted water available: pending applications need to be resolved before this determination can be made; NDWR needs to determine how to address consumptive vs. non-consumptive uses; and, NDWR needs to decide how to address areas where basins share perennial yield amounts. One can only anticipate that this Bill will be amended in the future.

It is no secret that Nevada water is a precious resource that needs laws in place to protect its availability to current and future water users. Several bills in the 2019 session related to the protection and conservation of water. Nevada’s precarious water situation has gained the attention of our legislature and it will be interesting to see what water related bills will be introduced next session.

Schroeder Law Offices is pleased to announce that Attorney/Partner Sarah Liljefelt accepted the position of Water Resources Committee Chair for the Oregon Cattlemen’s Association, beginning in the coming year. Sarah has been a member of the Oregon Cattlemen’s Association for many years, and has been very active with the Oregon CattleWomen as Vice President and Legislative Committee Chair. She is excited to use her Oregon water resources knowledge to support and defend the Oregon Cattlemen’s Association’s water interests in the years to come.

Sarah’s new position was announced earlier this week when she presented at the Oregon Cattlemen’s Association’s Mid-Year Conference in Canyonville, Oregon. Sarah provided an update on the Klamath River Basin Adjudication and conjunctive surface water/groundwater management in the Klamath Basin. Some of the other highlights from the conference included an update of Western Resources Legal Center’s recent victories by Executive Director Caroline Lobdell (Sarah is a former WRLC law clerk), and a trip to Melrose Vineyards (https://www.melrosevineyards.com/) with the Oregon Cattlewomen – beautiful location, friendly staff, and great food and wine!

Other than providing legal services to our clients, a component of our mission at Schroeder Law Offices is to educate water users on water topics including law and resource planning.  

The attorneys at Schroeder are experienced in the world of water and frequently provide educational presentations at both public and private events. Due to the attorneys’ diverse experiences presenting, they are able to tailor their presentations to groups big and small and audiences from any industry.

Water Related Presentations topics include (among others):

• Basic Water Rights
• Advanced Water Rights
• Due Diligence & Compliance
• Research in Adjudications
• Water Quality
• Surface Water & Groundwater
• Conjunctive Management

If you or your organization is in need of water related education, please reach out as we are happy to be a resource for you!

Visit our website for a full list of speaking and presentation topics.

At the 41^st Oregon Association of Water Utilities (OAWU) Annual Management and Technical Conference, Attorney Laura Schroeder was presented with the “Friend of Rural Water” award on March 6, 2019. To win this award, the individual must constantly “go above and beyond the call of duty” OAWU recognizes “a friend” as one who represents OAWU through “their work ethic, integrity, leadership and the servant attitude that they regularly demonstrate.”  Laura was quite surprised and honored to receive this award from OAWU where it is proudly displayed at Schroeder Law Offices, PC’s Portland, Oregon office.

According to Black’s Law Dictionary, the Public Trust Doctrine preserves submerged and submersible lands for public use and the state bears the responsibility of preserving and protecting the public’s right to use the water upon it. Can this doctrine have an impact on your water rights, and if so, how? The Nevada Supreme Court is currently considering how the Public Trust Doctrine will apply in Nevada. Specifically, the two certified questions being considered by the Court are:

1. Does the public trust doctrine apply to rights already adjudicated and settled under the doctrine of prior appropriation and, if so, to what extent?
2. If the public trust doctrine applies and allows for reallocation of rights settled under the doctrine of prior appropriation, does the abrogation of such adjudicated or vested rights constitute a “taking” under the Nevada Constitution requiring payment of just compensation?

Several Amicus briefs have been filed and more are expected.

Most recently the Nevada Water Resources Association held a discussion at their annual conference debating the many issues related to the intersection of Public Trust Doctrine and already Decreed water rights on the Walker River system. Schroeder Law Offices’ shareholder Therese Ure will be presenting in March on the Public Trust Doctrine and how it applies to water rights to a small group in Lovelock Nevada, to further consider the intersection of Decreed water rights and this Doctrine.

On July 11 and 12, 2018, attorney Laura Schroeder and paralegal Rachelq Harman travelled to Caldwell and Twin Falls, Idaho, respectively, for the Idaho Rural Water Association’s (“IRWA”) annual Water Law to YOU Road Show to educate water users and managers all about their municipal water rights. The 6 hour classes discussed the basics of owning, maintaining, and utilizing water rights, along with tips on avoiding potential associated issues such as easement disputes and involuntary forfeiture. The classes also touched on recent developments in Idaho water law, and the status of the State’s multiple ongoing adjudications.

IRWA hosted these presentations that were offered as continuing education credits to satisfy both drinking water and wastewater CEU requirements. Some attendees also planned to seek real estate and/or attorney CE credits for those professional licenses. Attendees came from a variety of backgrounds, including ditch association managers, wastewater treatment operators, and even fellow water law attorneys!

Laura Schroeder’s new class incorporated additional information related to Idaho Department of Environmental Quality’s (“IDEP”) assumption of Idaho’s water quality program from the Environmental Protection Agency (“EPA”). Due to this recent development and the continuing efforts of the Idaho Department of Water Resources (“IDWR”) on the north Idaho adjudications, the class’s focus was expanded from water rights basics. Active participation from students in each session made each presentation unique, and allowed a focus on material of specific relevance and interest to each group.

While this year’s Road Show has come to an end, there are plenty of upcoming opportunities to brush up on your water rights education. Check out Schroeder Law Office’s events page to learn where you can find us next, and stay tuned to Schroeder Law Offices’ blog for more information on upcoming events and water law developments!

Attorney Sarah Liljefelt presented at Halfmoon’s Water Laws and Regulations seminar on June 7^th on the topic of Oregon Groundwater, teaching a group of engineers about groundwater ownership, regulation, and acquisition of groundwater use rights in Oregon. This week, on June 28^th, Sarah will present at the Oregon State Bar Environmental & Natural Resources Section’s “brownbag” continuing legal education seminar on the topic of groundwater regulation in the Klamath Basin in Oregon. Her co-presenter is Lisa Brown of WaterWatch, who will speak about groundwater in Harney County. If you are interested in attending, please visit the Section’s Events page or Schroeder Law Offices’ Coming Events page for more information. Sarah’s presentation materials are available on the Section’s Events page.

Stay tuned to Schroeder Law Offices’ Water Law Blog for more news!

On Wednesday, May 16, attorney Lindsay Thane and paralegal Rachelq Harman attended the Oregon Association of Water Utilities’  (OAWU’s) 3^rd Annual Mini Expo in Rickreall, Oregon. At the Expo, they had the opportunity to meet with representatives from water districts and municipalities from across the state of Oregon. Lindsay taught an hour-long class on public meeting laws and regulations. The presentation highlighted some of the aspects of community involvement that aren’t always at the forefront of our minds. Lindsay and Rachelq also manned the Schroeder Law Offices booth, where they were able to talk one-on-one with attendees and provide some very useful water conversion magnets to boot.

While the Mini Expo is now past, OAWU puts on events year-round. You can find their events calendar here. Schroeder Law is keeping busy too! Classes and seminars are scheduled throughout the summer. You can check out the complete list here.

Stay tuned to Schroeder Law Offices’ Blog for more news and events!

Written by Alyssa Holland, Lisa Mae Gage, and Lisa Kane

Water Week 2018 is currently underway as water organizations across the country gather in Washington, D.C. to advocate the importance of water protection and conservation with hopes of ultimately elevating water to a national priority. Organizations in the water sector are using Water Week to ramp up their efforts to educate policymakers about the need for funding to benefit water infrastructure. Many organizations are collaborating for Water Week, including National Association of Clean Water Agencies (“NACWA”), Water Environment Federation (“WEF”), American Water Works Association (“AWWA”), and the National Water Resources Association (“NWRA”), for example.

A few main events will take place during Water Week:

• On April 17-18, 2018 the National Policy Fly-In:
  An event to provide the public with the opportunity to voice concerns and challenges to their policy makers.
• April 17-19, 2018: Water and Wastewater Equipment Manufacturers Association (“WWEMA”) 45th Washington Forum:
  “Effectively Communicating Change at the National, State, and Local Level,” a discussion regarding changes happening in Washington, D.C. and to the nationwide water infrastructure, environmental and public health protection, and legislative and regulatory changes that will impact the water sector.
• On April 19, 2018 the WateReuse Association Water Week 2018 Congressional Briefing:
  Four (4) different communities across the country will be highlighted for their use of water recycling and the local economic benefits that encourage other communities to do the same.

While each organization has a slightly different mission, each has a goal of advancing education regarding water issues and returning to their communities with the priority of educating the general public on the same issues. One of the main events, the Congressional Briefing, will directly discuss tools used in arid states (such as one of our main states of practice, Nevada) to address water scarcity and a way for communities to better manage their local water resources to help spur economic growth and plan for the future.

Schroeder Law Offices Nevada attorney Therese Ure also attends and hosts local conferences in Nevada to continue education regarding how to support the community’s resource challenges and even more particularly, how to support Northern Nevada’s agriculture industry. Click here to see our coming events for local education on the topic. Although attending these events may not be a possibility for everyone, we should all use Water Week as a time to reflect on how valuable water is to our everyday lives and to look for ways to conserve and protect water within our own communities.

On Thursday March 15, 2018, Schroeder Law Offices’ Portland office hosted first year law students for an annual “1L” (first year law student) reception, to learn more about our office and our water law practice. The students met with each attorney, Sarah Liljefelt, Laura Schroeder, and Lindsay Thane to learn about each of their practices at SLO. Next, Schroeder Law held a social gathering that allowed the law students to meet with the entire office.

The 1L reception program allows first year law students to tour multiple law firms, learn more about what each firm does, and begin to think about their career goals after law school. It also provides a “foot in the door” with potential employers for summer law clerk positions and eventual associate positions.

If you or someone you know is looking for a summer law clerk position and is currently a 2L or 3L student, Schroeder Law Offices’ Portland office is currently hiring. Click here to learn more.

Attorney Sarah Liljefelt and Paralegal Tara Jackson attended the Oregon Ground Water Association’s Fall Convention at the end of October. Tara’s team won fourth place in the annual golf tournament, winning machetes as part of their prize package! Tara also won the women’s long drive; way to go, Tara! Sarah presented at the convention on the topic of groundwater transfer challenges, and received great questions and feedback from attendees.

The Oregon Ground Water Association’s Fall Convention is always a blast with a lot of wonderful folks! Check out the organization at: http://www.ogwasite.org/.

Stay tuned to Schroeder Law Offices Water Law Blog for news that may affect you!

The State Engineer held informational meetings on July 17 through July 20, 2017 regarding its Preliminary Draft Humboldt River Conjunctive Management Regulations. The State Engineer is proceeding through administrative rulemaking process to define how Humboldt River Decreed water rights and groundwater rights will be conjunctively managed. If you were unable to attend the informational meetings, you can view the power point used during these meetings by visiting http://water.nv.gov/HumboldtRiver/Humboldt_regs_Small_Business_July_2017.pdf.

As a brief history, the Humboldt River was adjudicated in the 1930’s and large scale groundwater development began approximately 20 years later. Existing studies support the assertion that groundwater pumping is depleting surface river flows. The groundwater basins surrounding the Humboldt River are over-appropriated as the amount of water withdrawals allotted by water rights exceed the perennial yield. As an alternative to curtailing water, the State Engineer is considering Conjunctive Management Regulations. The main objectives of these regulations are to maximize beneficial use of our limited water supply, allow for continued and uninterrupted groundwater use and provide mitigation to senior Decreed water right holders for conflicts of their delivery of surface water. These regulations aim to allow for replacement of injurious depletions to the senior surface right holders, and if replacement water is not available, to require groundwater users to participate in a basin-wide mitigation plan providing mitigation by financial compensation.

At this stage in the rule making process, the State Engineer is attempting to determine if the regulations are likely to place an economic burden on small businesses, and if so, to determine the extent of the impact. Small businesses can submit economic impact statements to the State Engineer for consideration. There are no current deadlines imposed by NDWR for submission of small business impact statements or comments to statements, however, it is likely that we will see some movement within as little as 30 days.

Law Clerk Jakob Wiley will be presenting on unitization approaches to aquifer governance at the next Groundwater Advisory Committee (“GWAC”) meeting held June 30, 2017. He will be presenting his research on voluntary aquifer governance agreements, focusing on aquifer governance rather than groundwater management. The approach is the topic of his graduate thesis as part of his master’s degree, as well as his portion of an upcoming book co-authored with Dr. Todd Jarvis titled Collective Aquifer Governance: Dispute Prevention for Groundwater and Aquifers through Unitization, currently being prepared for the Cambridge University Press.

Jakob’s presentation will show how groundwater governance has “missed the aquifer for the wells,” focusing attention on groundwater levels and failing to incorporate other aquifer resources, such as storage potential, heat exchange, water quality, or future aquifer uses like carbon sequestration. With some aquifers, the focus may lead to damage to the reservoir (See https://ngwa.confex.com/ngwa/renew08/techprogram/P5225.HTM).

Unitization techniques look at the aquifer as a whole, encourage subsurface exploration, and may create “aquifer communities” that create a regional identity with the aquifer. (See https://www.scribd.com/document/112436071/Jarvis-W-Todd-In-search-of-a-New-Identity-Good-Water-Neighbors). Contract approaches to groundwater governance have been seen internationally, but have yet to be clearly seen in the United States relating to groundwater. (Contract-based approaches are common in other natural resource areas, like the recent Candidate Conservation Agreement with Assurances for the sage grouse, see http://www.conservationhabitat.org/local-resources/Harney-County-Sage-Grouse-CCAA/36004/). Jakob will bring these examples to the GWAC meeting and present the approach as a possible addition to Oregon’s groundwater governance toolbox.

Make sure to stay tuned to Schroeder Law Offices’ Water Blog for more news that may affect you!

This article was drafted with the assistance of Law Clerk Jakob Wiley, a concurrent student at Oregon State University’s Water Resources Policy and Management graduate program and a law student at the University of Oregon School of Law.

I was able to attend the Rocky Mountain Mineral Law Foundation’s course on Advanced Public Lands held in Santa Fe this January. Between all agencies, there is approximately 652 million acres of federally managed lands. Given the timing of the conference, many speculated and discussed what development of public lands might bring under the current Trump Administration. Many speculate that this Administration will bring more of a use, disposal and/or privatization model.

Various models of public lands use have come and gone throughout the history of the US including Acquisition, Disposal, Privatization, Retention, Management, and Nature Conservation, among others. With many forces driving our models including population growth, energy development, increased recreation and environmental values, and limited natural resources, it will be interesting to see how this is all balanced in the next four years.

Those at the RMMLF conference speculate that we will see reform to the ESA, Antiquities Act, Federal Land Transfers, Energy Initiative, Land Use, and Ocean Withdrawal Orders. There is speculation that the President will revise National Monument Orders and/or reverse several of the Executive Orders signed in the last months of the Obama Administration. Will there be administrative reform on the coal moratoriums, climate initiatives and BLM plan and regulations? Exciting times are ahead as we are in a front seat to watch history change with regard to public land use!

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 has patented new technology that propels fish through a rubber tube fish canon from one location to another in mere seconds, be the end result a truck to haul fish, or to the other side of a dam as a new type of fish passage. Studies have shown that stress on the fish is lesser in the Whooshh system than traditional fish passage, and the cost is only a fraction of renovating a dam for traditional fish passage.

Check out videos of the Whooshh system (and fish flying through the system) at Whooshh’s website: http://www.whooshh.com/.

Stay tuned to Schroeder Law Offices’ Water Law Blog for more news!

The latest chapter in Schroeder Law Offices’ long-standing relationship with the Idaho Rural Water Association can be found in the Fall 2015 edition of IRWA’s quarterly publication, The Water Gram.

In it, Laura Schroeder and James Browitt discuss the current status of Idaho’s ambitious adjudication process, which has worked its way from the Snake River basin to the state’s panhandle. You can read about it here.

In 2014, Browitt wrote this blog about three phases of the ongoing North Idaho Adjudication. As the Water Gram story updates, the second phase, the Palouse River Basin Adjudication, is expected to get under way this coming spring.

Schroeder and Browitt, both of whom are licensed in Idaho, have worked closely with IRWA for many years. They regularly serve as instructors at the association’s annual conferences and have recently developed day-long road-show workshops. The next series of these workshops, entitled Water Law to You, is tentatively scheduled for June of 2016. Information on these and other IRWA-related activities will posted on our Coming Events page when it becomes available.

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 groundwater conjunctively (or not), concluding with creative approaches for water users to employ should groundwater be restricted or limited.

The common themes emerging from the conference included: the increasing reliance on groundwater when surface water becomes limited, salinity concerns from groundwater, and questions on whether California will implement centralized State-control of the groundwater supply. Given the past history of water regulation tied to cyclical droughts, water users and irrigation districts are uncertain about planning for future infrastructure investments when there is the possibility of potential State regulation of their groundwater use.

From an Oregon perspective, State-controlled groundwater use is a daily reality, and you can ask anyone in the Klamath River Basin on their possible concerns of their wells being turned off by the State. For the second year in a row, the Governor declared a drought in much of the southern half of Oregon, and the Oregon Water Resources Department is initiating rulemaking to restrict water diversions in Klamath County. The conference also included tours of two irrigation districts, demonstrating on-call water delivery with a pressurized irrigation pilot program, and an automated lateral demonstration project. These two projects brought irrigation into the 21^st century with water scheduling as easy to order as an airplane ticket.

During the tours I had to opportunity to discuss with irrigation district staff about whether the pressing water shortage will change the regulatory framework moving forward, or whether the will decrease after the rains return. Ideas about increased groundwater recharge and storage during times of water surplus are forthcoming now, but once the water returns, will these ideas remain in the forefront? California water users will be faced with important decision in the coming months, many of which will be how to provide for the nation’s pantries when faced with little to no allocation of surface water. Much like the implementation of automated water delivery of water is moving into the 21^st century, California will likely be at the forefront of 21^st century water storage technology given the stakes of deciding otherwise.

Laura Schroeder will present her popular “Water Rights Bootcamp” on JUNE 2 in Sisters, Oregon. This presentation will be an educational seminar suitable for all with and interest and concern for water rights in Oregon. For details and an agenda see the Schroeder Law Offices web site.

Tough times dictate that we cut our discretionary spending.  Property owners may defer some maintenance and other due diligence.  But spending money on education and protecting your property interests must be considered a continued important investment that is not discretionary.

Hunkering down and waiting for it to pass us by will not work.  Business as usual will not work because the usual isn’t any more.  Everything has changed. It is unlikely that what we once thought “normal” will ever be again.

For only $75, you will be both educated and entertained at a full day advanced water rights educational seminar.  Register at www.water-law.com.  If you missed our bootcamp, no matter:  We will answer any questions you bring to the advanced seminar to raise you to the advanced level!

Another opportunity for only $375 is to have us make a specific public records request and pull all your water rights files to provide you with a full electronic copy. Likely you keep your deed to the property is a safe place, your water right files should have equal status.  Many property owners have more value in their water rights than the dirt and don’t even know it.  At minimum, we recommend obtaining your water rights files.  Email Ms. Daryl Cole:  d.cole@water-law.com to obtain a water rights authorization form to make this due diligence investment.