Water law

Water Metering

Showing Diligence in Water Use by Tracking Water Use Meters

Due to recent crackdowns by the State Engineer in Nevada regarding both forfeitures and cancellations of groundwater rights not in full use, it is important to keep records of your water use.  One method to show use is by recording your meter readings.  This is important both for permitted wells and certificated wells respectively, to […]

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Montana Recognizes Interconnection of Groundwater and Surface Water Systems

The Montana Supreme Court recently issued its decision in the long fraught dispute about exempt groundwater wells. The ruling by the Montana Supreme Court in The Clark Fork Coalition v. Tubbs, will protect the rights of senior water users from exempt groundwater wells that often deplete the amount of available surface water.[1] The Montana Water

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Sage Grouse Project Funding Available in Lander County, Nevada

The Lander County Commission (“LCCD”) is funding a program for sage grouse enhancement projects and is currently looking for land owners that reside in Lander County (not just ranchers) to participate in a sage grouse project.  LCCD first received funding for the project in 2014 when they were granted $50,000 to begin projects benefitting the

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Water Security Risk

By 2025, an estimated 1.8 billion people will live in areas plagued by water scarcity.  Two-thirds of the world’s population will be living in water-stressed regions where is there a water security risk. This issue is no longer relegated to the developing world! We as water lawyers practicing throughout the Western United States are developing

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Flying Fish Passage!

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

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Find Schroeder Law at the Oregon Ground Water Association’s Fall Convention

Laura Schroeder and Tara Jackson are looking forward to unwinding and learning with the fine members of the Oregon Ground Water Association at their Fall Convention next week, October 14 through October 15 at Eagle Crest Resort in Redmond. Those in attendance will be treated to a presentation by attorney Schroeder on Water Law in

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Junior Partner Sarah Liljefelt Accepted to Utah State Bar

Junior Partner Sarah Liljefelt was recently admitted to the Utah State Bar, making her eligible to practice law in Utah.  Liljefelt is the first attorney with Schroeder Law Offices barred in the state of Utah! In October, Shareholder Laura Schroeder will join Liljefelt in admittance to Utah State Bar. Utah water law adheres to the

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Forecasting 2017 Water Legislation in Nevada

New laws and legislation may affect you, stay tuned for tomorrow’s work session on topics of adaptive management, domestic use, cloud seeding, basin management, and mine dewatering! Nevada’s Legislative Commission’s Subcommittee to Study Water will be holding a meeting on Friday morning, August 26, 2016 at 9:00AM at the Legislative Building, Room 4100, at 401

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California Water Right Ownership Updates

California Water Right Ownership Updates Required

California Water Right Ownership Updates Required The State of California wants to know when you sell or transfer water rights. As part of any land use transaction involving water rights, regulations require landowners to provide notice to the Water Resources Control Board (WRCB) when water rights transfer to new owners. The WRCB will accept any

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Groundwater Area

New: Harney Valley Groundwater Area of Concern

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

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Groundwater Sustainability Plans

New Sustainable Groundwater Regulations

California’s Sustainable Groundwater Management Act Regulations Issued California’s Sustainable Groundwater Management Act (“SGMA”) was passed in 2014. The SGMA requires local agencies to bear the burden of creating, implementing, and enforcing Groundwater Sustainability Plans (“GSP”) in certain groundwater basins to manage the aquifer in a “sustainable” manner. The California Department of Water Resources (“CDWR”) recently

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New Oregon Water Permit Condition to Begin Construction

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

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U.S. Supreme Court Rules CWA Jurisdiction Reviewable in Federal Court

The Clean Water Act is an issue of gathering significance with the Environmental Protection Agency and adoption of a newly defined “waters of the United States” (“WOTUS”), wherein civil and criminal penalties can attach if pollutant is discharged into jurisdictional waters. Thus, whether water is defined as “jurisdictional” becomes an important significance. On May 31,

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