Schroeder Law Offices at Oregon Water Law Seminar for Annual Updates

Oregon Legislative Updates

A drought task force, authorized in 2016 by the Oregon Legislature, submitted their year-end report[1] to the Governor in November discussing how Oregon can better anticipate and adapt to increasingly common years of drought. Specifically, the report encourages the State to review the drought declaration process to better assist with drought response, to help communities with preparedness and resiliency, and to evaluate management options for stored water to better address instream and out-of-stream needs.

The Oregon Water Resources Department (“OWRD”) also extended reservations of water for future economic development in the Hood Basin, the Grande Ronde Basin, the Burnt River Basin, the Malheur Basin, and the Owyhee River Basin.         

Governor’s Office Updates

The Governor’s Office’s strategic initiatives for 2017 emphasize investing in water infrastructure to improve resilience and growth. Despite the decreased allocation of money to OWRD from the general fund budget, OWRD anticipates continued investment for development of instream and out-of-stream water supplies and for capital investment in sewage and water systems.

Cannabis Legalization on Water Usage

The passage of Measure 91 in Oregon has led to an increase in cannabis cultivation, part of which requires individuals who were growing cannabis before Measure 91, as well as new cannabis growers, to apply for water rights to irrigate their crop. However, only state water rights, not federal water rights, such as those under a Bureau of Reclamation contract, may be applied to irrigate cannabis. Federal water rights may be used to grow cannabis if the water is delivered from an irrigation district under a Bureau of Reclamation contract and is commingled with water under a state water right. An additional challenge is that water rights to grow cannabis will likely require a year-round water right and not simply a traditional irrigation season water right.

Upcoming Adjudications

With the Klamath Basin adjudication largely completed, OWRD announced it plans to begin adjudication of the Deer Creek Basin east of Roseburg in late 2016. OWRD will also begin two to four small adjudications in the South Coast Basin in late 2016 or early 2017.

Water Rights Auditing in Real Estate Transactions

The first day of the seminar wrapped up with a panel emphasizing the importance of determining the validity and extent of any water right that is part of a real estate transaction. The panel encouraged anyone involved in a transaction that includes water rights to request the files for any associated water rights from the applicable state department, such as OWRD or the Washington State Department of Ecology. This type of analysis is offered by Schroeder Law Offices at a flat fee. We encourage our clients to contact us for this service before any issue arises!

[1] https://www.oregon.gov/owrd/docs/HB4113/Draft_Final_Task_Force_Report_11_1_2016_Final.pdf.




Drops of Wonder

tears-under-microscope

                                Photograph by Maurice Mikkers

 

Normally, we do not have a positive association with tears – typically, they are released in response to pain, whether physical or emotional. However, some recent photographic artwork can perhaps help reframe our concept of tears as an unexpected source of beauty.

The Dutch scientist Maurice Mikkers prepares images of the crystal structure of different pharmaceutical drugs. He is also an artist. In 2015 Mikkers began to prepare slides of crystalized human tears and to photograph the results. Initially, he was curious to know whether there would be any discernible patterns among the three classes of tears (basal, reflex and emotional) generally recognized by scientists. Basal tears are continuously produced in order to keep the eyes moist, whereas reflex tears are released in response to irritation such as debris or onion juice. No such pattern emerged, yet Mikkers discovered a world of previously undocumented beauty. He has since concluded that tears are as unique as snowflakes.

Rose-Lynn Fisher, an American photographer, has embarked on a similar project. Her remarkable work in this area has been exhibited in California as well as being featured on the  Smithsonian’s website.

Sources consulted :

http://www.telegraph.co.uk/news/science/science-news/12175229/Enough-to-make-you-cry-the-inner-beauty-of-tears-as-they-appear-under-a-microscope.html

https://medium.com/micrograph-stories/imaginarium-of-tears-10263c866ee1#.j4zfw8nd9

http://www.smithsonianmag.com/science-nature/the-microscopic-structures-of-dried-human-tears-180947766/




Oregon Women for Agriculture Holiday Gift Packs Featuring Oregon Growers and Products packed with care by Yamhill County Chapter

Schroeder Law spent a lovely Saturday morning with the ladies of the Yamhill County Chapter of Oregon Women for Agriculture, packing gift packs that are sold as the Chapter’s annual fundraiser. The activity is a 45 year tradition!

owa-gift-pack

 

 

 

 

 

 

 

 

Assembling and offering the gift packs is a community wide effort. The Chapter obtains products through donations from Oregon growers in Yamhill and Polk counties. This year’s generous donors included: Kauer Farms, Scenery Farms, McKee Family Farms, Oregon Cherry Growers and Meduri Farms. Chapter members process the fresh produce.

The result is a showcase of Oregon treats including: dried Brooks prunes, pie-spice infused dried apples, shelled walnuts, dried hazelnuts, and maraschino cherries. Wilco stores in McMinnville and Newberg generously provide a space to the Chapter for display and purchase of the gift packs.

The Chapter uses the funds from the gift pack sales to offer scholarships for high school, and college students studying agriculture, teacher education programs, textbook publishing, and other education projects.

This fundraising project highlights Oregon Women for Agriculture’s importance at the local and State level in showcasing Oregon’s agricultural industry and products, promoting agriculture as a career and educating youth and adults about agriculture!

Schroeder Law is honored to participate in this organization.

To check out Oregon Women for Agriculture’s website click here.




Snake River Dam Removal Public Meetings

 

The U.S. Army Corps of Engineers, Bonneville Power Administration, and the Bureau of Reclamation (“federal agencies”) are engaged in a five year process to analyze the effects of the Federal Columbia River Power System on salmonid species. In May 2016, District Court Judge Michael Simon found the federal agencies had violated the Endangered Species Act and the National Environmental Policy Act.[1] Specifically, Judge Simon said the federal agencies erred in failing to manage the Federal Columbia River Power System with strategies beyond the hydro-mitigation efforts that failed in the past.

Therefore, the Judge ordered the federal agencies to develop a new biological opinion to address: 1) mitigation measures to avoid jeopardy to salmonid species; 2) development of a Biological Opinion that complies with the Endangered Species Act; and 3) development of an Environmental Impact Statement that complies with the National Environmental Policy Act and addresses the impact of the Snake River dams on salmonid species. In his opinion, Judge Simon suggested a proper analysis should include considering breaching, bypassing, or removing the Lower Snake River dams.

The federal agencies will hold public scoping meetings around Washington, Idaho, and Oregon in the next weeks, in addition to two webinars.[2] Written comments will also be accepted until January 17, 2017. The meetings will be held from 4-7 PM as follows:

  • November 29th, Boise, Idaho
  • December 1st, Seattle, Washington
  • December 6th, The Dalles, Oregon
  • December 7th, Portland, Oregon
  • December 8th, Astoria, Oregon

The scoping meetings are an important way for stakeholders to help the federal agencies narrow the issues and focus on key concerns. After the time period for the scoping meetings, the federal agencies will prepare a draft environmental impact statement that will be available for public comment.[3] The federal agencies must respond to all substantive comments on the draft environmental impact statement.

It is recommended that parties interested in the outcome of the federal agencies’ decision attend a scoping meeting and make comments. If an interested party later wants to challenge the federal agencies’ decision that a certain alternative should have been analyzed in the NEPA document, the court may not hear the concern.

Written comments may be made in person at one of the scoping meetings, submitted via mail, via email, or through the federal agencies’ online portal. Information about how to submit such comments is available at www.crso.info

[1] Nat’l Wildlife Federation v. Nat’l Marine Fisheries Serv., 2016 U.S. Dist. LEXIS 59195 (D. Or. 2016).

[2] www.crso.info

[3] 40 C.F.R § 1502.9




Groundwater Management Area created for East Snake Plain Aquifer

In a move he hopes will ease the most arduous administrative burden faced by the Idaho Department of Water Resources, Director Gary Spackman has created the state’s largest groundwater management area, encompassing the Eastern Snake River Plain Aquifer (ESPA) region.

Hoping “to stop the drop” of the aquifer level, which has experienced an annual rate of decline estimated at 200,000 acre feet, Spackman signed the order designating Idaho’s 12th GWMA. He announced the action to the Idaho Water Users Association on November 3.

His intent, Spackman said, was to bring all of the region’s water users “into the fold” with efforts to restore the aquifer. Although this was partly accomplished by the 2015 settlement agreement between ground water and surface water groups within the conjunctively managed ESPA region, users who were not members of a ground water district did not have an opportunity to take part.

“This is a tool to manage the aquifer so everyone is participating,” said Spackman, noting that the eventual management plan for the GWMA will work in cooperation with the settlement agreement. He offered no timeline for the development of the management plan, but it is expected to take at least two years.

The ESPA region GWMA extends from the upper eastern corner of the state, near Saint Anthony, to Thousand Springs near Hagerman where the ESPA discharges into the Snake River. Existing GWMAs and critical groundwater management areas — four of which located near Oakley — have been excluded from the ESPA region GWMA.

Additional information can be found on the IDWR website at http://www.idwr.idaho.gov/water-rights/ground-water-management-areas/designated.html




Laura Schroeder and Therese Ure Present at the World Irrigation Forum in Chiang Mai, Thailand

The International Commission on Irrigation and Draining (ICID) hosted the World Irrigation Forum (WIF) in Chiang Mai, Thailand. The 2016 conference serves as the second annual forum.

The intent of the World Irrigation Forum is to bring together all stakeholders in order to provide a platform for the world irrigation community to work to find solutions to the problems the irrigation community faces. Some of the stakeholders involved include policy makers, experts, research institutions, non-governmental organizations, and farms. The most prevalent issues the forum addresses are the depleting freshwater resources due to global warming and climate change as well as the idea of population growth in relation to food security. Through the forum, the ICID hopes to gain sustainable solution to water management for agriculture.

The World Irrigation Forum’s theme for 2016 was “Water Management in a Changing World: Role of Irrigation in Sustainable Food Production.” Under the main theme were three different sub-themes: (i) Key actors in balancing water, food, energy, and ecology, (ii) Management of climatic extremes with focus on floods and droughts, and (iii) Key and smart actions to alleviate hunger and poverty through irrigation and drainage.

The process of being selected to present at this event is a lengthy grueling process which includes multiple drafting and reviewing sessions. The abstracts and papers are viewed by a highly qualified committee which determine the selected papers for presentation. Laura and Therese both had the honor of participating in the Forum! Laura Schroeder was able to lead a presentation titled “Innovative Partnerships v. the Tragedy of the Commons” while Therese Ure was able to present a poster on “Securing Water Available for Irrigation in Times of Drought Must Move beyond Traditional Above Ground Storage Reservoirs.”

TAU World Irrigation Forum 2016 LAS World Irrigation Forum 2016




Seismic Resiliency – A Topic for Discussion in the Water World

The American Water Works Association (AWWA), Pacific Northwest Section’s October meeting focused on seismic resiliency and emergency preparedness by discussing strategies implemented by the Willamette Water Supply Program in building a water delivery system that should withstand a disaster.

The meeting emphasized the importance of building a water supply distribution system on soils that will be less prone to shifting when a disaster, such as an earthquake, strikes. Discussion also ensued relating to a new type of water supply pipe that can withstand ground motion and deformation.

The presentation encouraged all entities in the water delivery sector, no matter at what stage in the water supply distribution process they are involved, to prepare a disaster plan and to develop infrastructure in a way that will withstand the forces of a disaster with minimal damage.

In attending this meeting, it was evident how important it can be to look at not only the minor legal aspects of a client’s current issue, but also to understand and know how the client operates their system. Knowing and understanding the “Big Picture” will allow us to engage in discussions on seismic resiliency and disaster preparedness for our purveyor clients.

Image result for Photo: Carlos Avila Gonzalez, The San Francisco Chronicle after earthquake




Showing Diligence in Water Use by Tracking Water Use Meters

Water Metering

Diligence in Water Use by Tracking 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 provide evidence to support a Proof of Beneficial Use as well as evidence of continued use.[1]

Many groundwater permits/certificates require monthly, quarterly, or annual reporting to the Nevada Division of Water Resources.  If your use so requires recording and reporting, make sure you meet your specified deadlines to file your meter reading reports.  If your wells are not metered, please be sure to verify whether you are required to maintain a meter.  We predict that nearly all wells in Nevada will eventually require metering.

Schroeder Law Offices provides a routine monthly meter reading reminder email as a service to our clients.  If you are a client of ours and wish to receive a monthly meter reading reminder, please request to be added to the “Well Meter Reminder” list by emailing request to counsel@water-law.com.

 
 
 
 
 

[1] Attorney Therese Ure assisted in the drafting of the legal issues discussed in this blog.




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 Use Act exempts certain groundwater appropriations from the state’s permitting process if the groundwater appropriation pumps below a certain threshold and is applied to a limited area. This type of exemption is common in water use acts in other states, including Oregon and Nevada. However, Montana’s Water Use Act has an exception to the exemption, which requires a permit for any “combined appropriation” from the same source by multiple wells that exceeds 10 acre-feet per year.[2]

In 1993 the Montana Department of Natural Resources and Conservation (“DNRC”) amended its 1987 administrative rule, interpreting the term “combined appropriation” within the Water Use Act’s exception to the exemption. The DNRC’s 1993 rule (the rule in effect through the deciding of this case) stated “combined appropriation” means “groundwater developments, that are physically manifold into the same system.”[3] In application, this rule allowed groundwater wells to be drilled and as long as the appropriator did not connect the wells, even though the wells drew water from the same source, the appropriator could avoid obtaining permits for the wells and could end up appropriating a limitless amount of water from the same source.

The Montana Supreme Court determined the DNRC’s rule interpreting the term “combined appropriation” in the Montana Water Use Act improperly allowed these infinite withdrawals from the same source. The Montana Supreme Court recognized that the purpose of the Montana Water Use Act is to protect senior water right users from appropriation by junior water right users when there is not enough water physically available. Therefore, the Montana Supreme Court invalidated the 1993 rule and determined the DNRC must issue a new rule reflecting the need to recognize the effect that multiple wells drawing from the same source have on other water appropriators.

Many states, like Montana, have exemptions that allow groundwater wells to be drilled for specific purposes without going through any sort of permitting process to determine if the well will have an effect on water availability in the region. Additionally, many states, Nevada being one, continue to manage groundwater and surface water as two separate systems, rather than through conjunctive management. The failure to recognize the interconnectedness of groundwater and surface water and the cumulative effect of exempt wells on water availability in a region leads to over appropriation and fails to protect senior appropriators.

Conjunctive management is continuing to gain more traction; however, there is still much discussion about how states can implement this new management approach. Schroeder Law Offices Shareholder Therese Ure will be adding her voice to the conversation at the International Commission on Irrigation and Drainage’s World Irrigation Forum in Thailand, November 6th – 12th. Attorney Ure’s paper that was accepted for the Forum discusses Nevada’s failure to conjunctively manage its groundwater and surface water systems, including the effects of mine dewatering in such a disjunctive system and suggestions for creating a “dynamic” system of water management.

Make sure to stay tuned to Schroeder Law Offices’ Water Blog for more news about the upcoming World Irrigation Forum!

[1] The Clark Fork Coalition v. Tubbs, 2016 MT 229 (Mont. 2016).

[2] Mont. Code Ann. 85-2-306(3)(a)(iii).

[3] Admin R. M. 36.12.101(13) (1993).




New Request for Extension of Time Form Issued by Nevada

On October 13, 2016, the Nevada Division of Water Resources (“NDWR”) provided notice that a new Application for Extension of Time form must be used when requesting an extension of time for the submission of a Proof of Completion of Work, Proof of Beneficial Use or Cultural Map.

It appears that NDWR is placing more emphasis on the section explaining the reason why the extension is being requested. The instructions sheet accompanying the Extension Request now states that the applicant must highlight progress made during the previous year, and must also “submit any proof and evidence that documents reasonable diligence.” Thus it is important to document what you have been doing on your project to prove up on your rights as well as keep records and documents showing your progress (ie – well driller receipt, pump, pipe, or other infrastructure purchase receipts, photographs with infrastructure installation (include the date, time, and place), and log books of you contact with agency personnel if your project involves working with other state or federal agencies).

Please keep this in mind when preparing an Application for Extension of Time. It appears the NDWR is cracking down and no longer “rubber stamping” approval on application requests.  You don’t want a request for an extension of time denied for lack of proof of due diligence! To view the new Application for Extension of Time form, please visit the NDWR’s website at http://water.nv.gov.

 

ndwr-ext_app_page_1




Smart Design for Healthier Communities

Like many Portlanders, I enjoy visiting OMSI whenever I get the chance – whether to see my favorites among the permanent exhibits or to be surprised by new attractions. Some years ago, I viewed a temporary installation that showcased a number of low cost, innovative technologies whose aim is to alleviate the burdens of water hauling and purification that often plague remote, disadvantaged communities. In this blog post I would like to highlight two innovations whose simple design belie their powerful impact on providing clean drinking water.

Women and children are often tasked with fetching water in poor rural areas while the men are engaged in gainful employment away from home. It is not unusual for women to balance loads on their heads where the absence of pack animals, back packs or push carts necessitates it. Naturally, this severely limits how much they can carry in a single trip. When children are responsible for fetching water, this can result in their having to miss school, since the journey to and from a water source can sometimes consume the better part of a day.

b47711d0737437f36b4e87e04214b3fcThe Hippo Roller was developed by a South African design team. It’s simple, durable design has won a number of international awards since its creation in 1991. The carrier consists of a 24 gallon polyethylene barrel which can be either pushed or dragged by its metal handle across rough terrain.Since effort is applied to spinning the barrel around its metal axis instead of carrying it, the Hippo’s effective weight is reduced to just 10lbs, even when filled to capacity. A single person, even a child, can therefore carry more water in a single trip, while simultaneously reducing the frequency with which water needs to be fetched. Currently, 49,000 Hippo Rollers are in use around the world.

imgresThe Watercone desalination still is another low cost innovation that has garnered plaudits for its remarkable economy of design which essentially relies on sunlight and clear plastic to harvest fresh water. More surprisingly yet perhaps, its striking look has also attracted the attention of the art world : the Watercone has been exhibited at both MoMA NY and the Centre Pompidou in Paris. The still works by pouring salt or brackish water into the round, black dish that forms the bottom of the assembly. A transparent plastic cone is then set inside the rim of the dish and left in the sun for as long as possible. Evaporation distills the water, which condenses on the sides of the cone. When the cone is inverted, the now drinkable water can be drained into a container for use. Depending of the number of hours of sunlight available, the WaterCone can produce anywhere from 0.26-0.45 gallons of fresh water a day.

While one might be tempted to think of design as an optional luxury that adds beauty to one’s surroundings, the Hippo Roller and Watercone demonstrate how engineering acumen and design together can effect powerful change in communities that need it most.




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 sage grouse habitat.  In 2015 and 2016 they were granted another $20,000 per year and are seeking volunteers to participate in projects like riparian enclosures, water development, drift fencing, pinion pine removal, seeding, fire rehabilitation, spring boxes, and troughs to benefit the sage grouse habitat.

Funding Project for Sage Grouse

The deadline to apply for 2016 project completion is October 20th, with the goal of awarding the project in October for it to be completed this year and allow the birds to take advantage of its benefits by spring 2017.  To apply, contact the University of Nevada, Reno’s Lander County Cooperative Extension office at (775) 635-5565, or apply in person at 815 N. Second Street in Battle Mountain, NV. 

While October 20th will remain the deadline for 2016 projects, they will be accepting applications even after the deadline for future project consideration and are open to innovative ideas.




Water Security Risk

concept of water conservation in America - UsaBy 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 new legal strategies to help our small municipal, ranching and farming clients to conserve, maximize efficiency, and change water use patterns to meet these challenges.

To help understand these challenges our lawyers educate, teach and train water users throughout the West and world to use the existing law and traditions to address present and anticipated scarcity challenges. Here is a partial list of presentations we can offer.




Flying Fish Passage!

img_3776Last 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!




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 Oregon, Transfers, Well Construction.

Hope to see some of you there!

http://www.ogwasite.org/images/pdf/2016_ogwa_fall_convention.pdf

http://www.ogwasite.org/




What to expect when you call a law firm

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Schroeder Law Offices understands it can be a bit intimidating to contact a law firm when you encounter a problem you cannot solve alone. You are not alone:  Schroeder Law receives multiple initial potential client calls every day, and our goal is to listen, understand, and meet your goal to solve a problem in a cost effective and professional manner.

Unfortunately due to liability, attorneys cannot give legal advice on your initial, first-time call.  While it can be frustrating not to receive an immediate answer to what you may presume is a “quick legal question,” attorneys can only provide answers after conflicts are checked by running them through a system check and the client as well as the general issue are approved to be addressed by the firm.  All information requested of potential clients on the initial call is necessary in order to provide the best and most ethical advice and counsel possible.

When you call Schroeder Law Offices, your call is directed to an experienced member of our staff who will collect basic information and listen to the reason for your call. Below is a short list of the kinds of questions our staff will ask in order to determine what kind of legal assistance you need and if there are any potential conflicts that our office may encounter:

  1. What is your contact info (phone number, email, mailing address)?
  2. Where is the property at issue located? (we prefer lot descriptions)
  3. What is the reason you are seeking legal help? (legal issue or goal for the representation)
  4. What are the names or the people or companies and their attorneys (if you know them) that are involved?
  5. Who is or might be opposed to what you are trying to accomplish?
  6. Are there any immediate deadlines that you are facing?

Once we obtain the relevant information, we will run a conflict of interest check through our digital file system to ensure that any opposing parties are not current or previous clients, confirm that current or previous clients do not own or lease property near the property of concern, there is not a present  deadline that our firm cannot meet, or involve an issue that requires expertise other than what the firm may collectively lend its experience in addressing.

After we confirm there is no conflict, we pass the information to an attorney to review and help with next steps. Based on the next steps that our attorney advises, we will call or email you.  The response may be to offer you an initial attorney call at a flat fee, hourly fee or refer you to another attorney or organization better suited for your needs.  If a flat or hourly fee is involved, and you are interested in proceeding, a proposed fee agreement will be emailed to you.

Upon receipt of the flat or hourly fee agreement, we schedule an initial client conference between you and an attorney to understand your issue more fully, provide preliminary recommendations for moving forward, and legal advice in summary.  Following the initial client conference, you will receive a summary letter of any recommendations or advice provided in the conference.  The summary letter may also include a further contract for legal services with the scope of work tailored to fit your preferred course of action given the recommendations provided.

This process can take anywhere from twenty four hours to one week after conflicts are cleared. However, we understand how important the issues you call our office about are to you and we strive to work as quickly as possible to better serve you, the client!

If you are seeking an experienced Water Law attorney, you can call our office at:

Portland: 503-281-4100

Reno: 775-786-8800

 

 




Junior Partner Sarah Liljefelt Accepted to Utah State Bar

A small stream in the Utah's Escalante wilderness flows through a natural arch lined with Autumn Cottonwoods and complimented by some sunrise color on the sky and cliffs above.
A stream in the Utah’s Escalante wilderness

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 Doctrine of Prior Appropriation, which is similar to other states where Schroeder Law Offices practices. Our firm is always looking for more ways to help those dealing with the nuanced and at times confusing world of water law, so expansion to the state of Utah just made sense.

Attorneys at Schroeder Law Offices are currently admitted to practice law in the states of Oregon, Nevada, Washington, California, Idaho, and Utah. With more bar admissions comes more opportunities to provide help to those in need of counsel.

Congratulations to Sarah Liljefelt and an exciting new chapter for Schroeder Law Offices!




How Safe is Your Drinking Water?

water-hand-web

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 state draws all or part of their water supply from groundwater, which amounts to about one billion gallons of groundwater every day. Approximately 23 percent of Oregonians use domestic or private wells as their main source of water. For these well owners it is especially important to watch out for common types of contamination that might affect their water supply. These types of contamination include:

  1. Improper storage or disposal of hazardous substances
  2. Improper use of fertilizers, animal manures, herbicides, insecticides, and pesticides
  3. Chemical spills
  4. Improperly built and/or maintained septic systems
  5. Improperly abandoned wells (these include water wells, groundwater monitoring wells, and wells used in cleaning contaminated groundwater)
  6. Poorly sited or constructed water wells

The Portland Water Bureau is currently working to finish a study looking at the issues of lead in Portland’s drinking water, but major changes won’t be possible until 2022. Private well owners can begin taking steps to protect their groundwater today by being more mindful of how they care for their wells and dispose of hazardous materials.

More information on how to keep your well clean and safe can be found by visiting the National Groundwater Association website.

Sources Consulted:

http://www.opb.org/news/series/lead/portland-corrosive-water-study-epa-timeline/

http://www.ngwa.org/Events-Education/groundwater-day/Pages/default.aspx

http://hosted.ap.org/dynamic/stories/O/OR_UO_LEAD_OROL-?SITE=ORLAG&SECTION=STATE&TEMPLATE=DEFAULT

http://www.ngwa.org/Events-Education/groundwater-day/Pages/default.aspx




Water for Sustainable Growth

World Water Week 2016 is currently underway in Stockholm, Sweden, an annual event hosted by the Stockholm International Water Institute (“SIWI”).  World Water Week is the annual focal point for global water issues, consisting of more than 140 events covering a range of subjects.  The main theme of the 2016 event is “Water for Sustainable Growth,” a follow-up to the previous year’s topics regarding Sustainable Development Goals (“SDGs”) as adopted by the United Nations General Assembly.  The SDGs, as established by the United Nations at World Water Day in March 2016, focus on water and jobs as one of the keys to future water issues: “making a contribution to better the lives of millions of people by maintaining and creating meaningful jobs related to water and wastewater development, service provision, protection and management.”

2017 Water Legislation

Experts attending the event address the value of water and a shared sustainability on a global scale.  Water and climate experts alike call for a Green Water Initiative, using the Water Revolution in Africa as an example.  Large parts of the world are struggling to adapt to a drier reality, but challenges are especially dire in Africa’s drylands.  Developmental options such as rainwater harvesting and other “greenwater” management methods are being suggested to combat the scarcity of water and help to build water resilience for food security and human well-being.

As organizations such as SIWI gather to address and make suggestions regarding water resilience, local concerns echo global concerns.  Water shortages in the State of Nevada raise concern among residents and domestic well owners; more than 20 percent of water basins are over-appropriated – there is more water appropriated on paper than sources to supply it.  Nevada’s Legislative Subcommittee to Study Water, whom held their most recent meeting on August 26, 2016 (details found here), has issued water-conscious statements recommending that local land-use decisions be tied to sustainable water supplies and that water management recognize the connection between surface and groundwater sources.

SIWI’s World Water Week is one of many global events organized with the goal of generating knowledge and power regarding water issues, hosting a number of decision-makers and water professionals in discussions about climate change, energy, sanitation, food, conflict resolution, water management and more.  A few of World Water Week’s highlighted topics (i.e. rainwater harvesting) can be found at http://www.worldwaterweek.org/programme/#since-1991, with resources available in the program archive.




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!

2017 Water Legislation

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 South Carson Street in Carson City.

Items on the agenda include the “Work Session Document” containing recommendations received by the Legislative Commission’s Subcommittee during the 2015-2016 Legislative Interim. This document is designed to assist the subcommittee members in determining which recommendations will be forwarded to the 2017 session, and what other actions the Subcommittee will endorse.

For those who may not be able to attend the meeting in Carson City, it will also be broadcast live over the internet via http://www.leg.state.nv.us, and can be viewed or listened to by clicking the link for “Calendar of Meetings/View” in the top right-hand corner of the page.

Items in the agenda as well as the Work Session Document and other information pertaining to the meeting can be found on the Nevada Legislature website under the “Meetings” tab. For written copies, please contact the Research Division, Legislative Counsel Bureau at (775) 684-6825.

A PDF link to the agenda including the Work Session Document can be found here.