Water law

Judge Grants Temporary Injunction on Mason and Smith Valley Curtailment

On February 3, 2015, the Nevada State Engineer issued Order 1250 curtailing 50% of all supplemental groundwater pumping for irrigation in both Mason and Smith Valleys. This action by the Nevada State Engineer was the first time curtailment of this magnitude has taken place in Nevada. Order 1250 determined supplemental groundwater use for irrigation to […]

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New Provisions to Combat Ongoing Drought in California

On March 27th, 2015, California Governor Edmund G. Brown signed into law a $1 Billion emergency drought package. The emergency legislation (AB 91 and 92) provides funding for drought relief as well as to critical water projects in the state. Governor Brown states that “[t]his funding is just one piece of [a] much larger effort

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Oregon Supreme Court Dismisses Petition for Review of Cottage Grove Municipal Water Permit Extension Case

On February 5, 2015, the Oregon Supreme Court dismissed the petition for review of the Court of Appeal’s decision interpreting ORS 537.230(2), simply stating, “The petition for review is dismissed as improvidently allowed.” On December 11, 2013, the Oregon Court of Appeals issued a ruling interpreting ORS 537.230(2), prescribing conditions for the Oregon Water Resources

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2015 National Groundwater Awareness Week is Coming Up!

March 8th through March 14, 2015 is National Groundwater Awareness Week. Protecting groundwater is essential to human life, and spreading awareness of this resource has gained national attention. Underground water is a primary resource for providing drinking water as well as providing the necessary life force for crop and food production. To learn more, consider

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The 2015 Nevada Legislative Session “Water” Bills

The 2015 legislative session is underway, and on the docket are two Bill Draft Requests (“BDRs”) related to water rights and water resource management. While these BDRs are likely to change significantly throughout the legislative session, below is a brief summary of their contents. Senate Bill 65 (SB65) proposes changes to the procedure for adjudicating

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Humboldt River Metering Order Issued by Nevada State Engineer

On February 5, 2015, the Nevada State Engineer issued Order Number 1251 concerning metering requirements for owners of underground water rights within the Humboldt River Basin Hydrographic Region. The Nevada State Engineer determined it is in the public interest to assign metering requirements in order to protect underground water within the Humboldt River Basin. Order

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Oregon Irrigation District Election Manual

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

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The Nevada State Engineer is calling for submission of water proofs in the Honey Lake Valley and Skedaddle Creek Valley ground water basins!

On May 12, 2015 the Nevada State Engineer will begin taking Proofs of Appropriation to determine the rights to the waters of Honey Lake Valley and Skedaddle Creek Valley and its tributaries. On November 14, 2014, the State Engineer gave notice, through Order Number 1237, of the commencement of taking proofs of appropriation in Honey

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2014 Update on US-Canada Columbia River Treaty Negotiations

In our April 19, 2013 blog posting, Schroeder Law Offices reported that the United States was undertaking review of the 1964 Columbia River Treaty in preparation for the upcoming 2014 opportunity for either party to seek modification or cancellation of the Treaty through the required notice provisions. September marked the 50 year anniversary of the

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Fish Persistence in Municipal Water Permit Extensions

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

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California Will Have Regulations on Groundwater Pumping

For many years, California was the only Western State not regulating groundwater pumping. However, they are now faced with adjusting to a new system of groundwater use. On September 16, 2014, California’s Governor Jerry Brown signed legislation limiting underground water use by commercial and residential users. The new regulations take effect in January 2015 tasking

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Rulemaking for Water Use Preference for Human Consumption and Stock Water Use in Klamath County; Comment Period Open

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

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Klamath County Drought: Extension of Comment Period for Rulemaking

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

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Update: Proposed Rule for the Clean Water Act Pubilshed April 21, 2014

Schroeder Law Offices first highlighted the proposed rule change to the Clean Water Act in a May blog posting. Growing opposition to the rule has caused the Environmental Protection Agency (“EPA”) to extend the public comment period through October 20, 2014 from the original comment deadline of July 21. Opponents and supporters characterize the Revisions

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Second Argenta Grass Range Tour and BBQ on Saturday, August 16, 2014!

Grazing and water use go hand in hand. This year Nevada continues to experience drought conditions causing ranchers and farmers to make adjustments, whether by their own choosing, or by the hand of the government. On July 23, 2014, Nevada’s Battle Mountain District BLM held a meeting with the Permittees of the Argenta Grazing Allotment.

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North Idaho Adjudication

North Idaho Adjudication Ramping Up With Idaho set to wrap up a 27-year water-rights adjudication of unprecedented scale nationwide, water administrators are gradually shifting their focus to the state’s northern basins and a procedure expected to take only a fraction of the time as the Snake River Basin Adjudication (SRBA).  The SRBA — involving all

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California Adopts Emergency Water Conservation Regulations

On July 15, the California State Water Boards passed Resolution No. 2014-0038 to adopt urban water control regulations. These regulations are aimed at conservation for urban residents, providing fines for using water inconsistent with the conservation measures. Among the measures aimed at curbing water use, the Water Board has proposed restricting activities on individuals including:

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Senate and House Introduce Bill to Streamline Permitting of Water Storage Projects on Federal Lands

On June 4, 2014 U.S. Senators John Barrasso and Mike Enzi introduced the Water Supply Permitting Coordination Act (S.2427). Representatives Tom McClintock and Cynthia Lummis introduced an identical bill in the House on January 31, 2014 (H.R.3980). The intent of the Act is to make the process for approval of surface water storage projects on

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