Water law

Hydropower Relicensing and Compliance with an Emphasis on Engagement

Water law / By

Hydropower relicensing and compliance has become a process of constant adaptation and engagement, both with regulatory agencies and with stakeholders. Both adaptation in the licensing and relicensing process and engagement early and frequently helps hydropower facilities better anticipate and adapt to a regulatory process that undergoes many changes in the life of a hydropower license […]

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Reclamation Roundtable: Storage is Key

Nevada, Water law / By

Schroeder Law Offices’ attorney Therese Ure is in attendance at the 2018 Family Farm Alliance Conference in Reno, NV and was present for the Reclamation Roundtable wherein Commissioner Brenda Bunman addressed the Family Farm Alliance (“FFA”) membership goals regarding conveying Reclamations under the current administration. Key points of the FFA goals include: 1) creating infrastructure

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Oregon Water Resources Department’s Development Program

Earth, Oregon, Water law / By

Do you need funding for a water related study or water use project? The Oregon Water Resources Department’s Development Program is part of Oregon’s 2017 Integrated Water Resources Strategy. The program helps individuals and communities address instream and out-of-stream water needs now and into the future by providing funding opportunities for planning and investing in

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WOTUS Rule Litigation Update

Case Law, Legislation, Water law / By

In 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued a joint administrative rule, the “WOTUS Rule,” attempting to define the statutory term “waters of the United States” within the Clean Water Act (“CWA”) in order to more clearly define the agencies’ jurisdiction. Schroeder Law Offices summarized the background and

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Your Water Rights Are Valuable, Do You Really Have What You Think You Do?

Nevada, Water law / By

By Therese Ure and Lisa Mae Gage Many people are familiar with looking up water right information on Nevada Division of Water Resources (“NDWR”) database and are familiar with reading water right applications, permits and certificates. Is that information reliable enough to conclusively show what your water rights are? The answer is no. Several factors

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Study: Willamette Valley Project Reallocation

Oregon, Water law / By

In November 2017, the United States Army Corps of Engineers (Corps) published the Willamette Basin Review Feasibility Study, Draft Integrated Feasibility Report and Environmental Assessment (Study). The purpose of the Study (which can be viewed in its entirety here) is to evaluate the reallocation of 1,590,000 acre-feet of Willamette Valley Project stored water. The Study

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Alfalfa Farmers Win Jury Trial for Irrigation District’s Failure to Deliver Allocated Water

Oregon, Water law / By

A jury recently decided in Malheur County Circuit Court Case #16CV32005 that local farmers, Delos & Barbara Lee, were entitled to the lost profits they incurred when Owyhee Irrigation District (“OID”) failed in 2014 to deliver the Lees their entire allocation of water and delivered their 2015 allocation in late July. The jury decided OID

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New Domestic Well Prohibition in the Pahrump Artesian Basin

Nevada, Water law / By

On December 19, 2017, Nevada State Engineer issued Order No. 1293, prohibiting the drilling of new domestic wells in the Pahrump Artesian Basin. Previously, the State Engineer designated lands in Pahrump Artesian Basin as coming under the provisions of underground water law through Orders 176, 193 and 2051. Prior Orders stated that new applications would

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A New State Engineer Metering Order has Been Issued for Diamond Valley!

Nevada, Water law / By

The State Engineer issued Order 1292 on December 8, 2017 concerning underground water rights in Diamond Valley Hydrographic Basin, providing strict requirements for installation of meters, submission of records and access to wells without prior notice. Previous Order Nos. 809 and 813 were issued in 1982 and 1983 generally requiring totalizing meters or effective and

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Nursery Operations Use Permits Halted in Oregon Basins

Oregon, Water law / By

The Oregon Water Resources Department will no longer be issuing water use permits for “nursery operations use” in the Willamette, Sandy, and Goose & Summer Lakes Basins. This decision follows a very long history of the Department’s issuance of nursery operations permits all across the State, including these basins. The Department recently decided to read

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Oregon Ground Water Association’s Fall Convention

Oregon, Presentations, Water law / By

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

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NV Supreme Court Issues Opinion Protecting Senior Users

Case Law, Nevada, Water law / By

By: Lisa Mae Gage and Therese Ure On September 27, 2017, the Supreme Court of the State of Nevada issued an opinion concluding the longstanding battle between the Nevada State Engineer, Nevada Division of Water Resources and Kobeh Valley Ranch LLC (“KVR”), and Eureka County, Kenneth F. Benson, Diamond Cattle Company, LLC., and Michel and

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