On April 6, 2016, amendments to the Klamath Hydroelectric Settlement Agreement (KHSA) and the new Klamath Power and Facilities Agreement (KPFA) were signed at a ceremony at the mouth of the Klamath River on the Yurok Indian Reservation. These changes come in the wake of the Congress’s decision not to pass legislation for the Klamath […]
Update: Klamath Basin Agreements in 2016 Read More »
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
New Oregon Water Permit Condition to Begin Construction Read More »
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,
U.S. Supreme Court Rules CWA Jurisdiction Reviewable in Federal Court Read More »
Forfeiture We’ve all heard “Use it or Lose it” referring to the Prior Appropriation System. The use it or lose it concept is the term we use for legal forfeiture which will apply to your water rights of use depending on your jurisdiction and type of water right. Generally, this concept requires beneficial use of
101 on Forfeiture vs. Abandonment Under Prior Appropriation Doctrine Read More »
Water resource users are some of the most environmental aware stewards since they must count every precious drop of water necessary to feed the world and provide safe drinking water. In the United States, we celebrate Earth Day: We have a bike-to-work week, we have recycling and environmental preservation programs in our communities, the list
World Environment Day: Sunday, June 5th Read More »
The debate continues on the prior appropriation system. During the 2016 Family Farm Alliance Annual Conference, the Alliance’s 2015 report on the prior appropriation doctrine raised some debate. This debate, now focusing on Nevada’s prior appropriation system, was again raised in equal vigor during the 2016 Nevada Water Resources Association annual conference. While many argue
The End of the Prior Appropriation Doctrine? Read More »
On May 9, 2016, Governor Jerry Brown of California signed an executive order making certain water conservation measures permanent. The measure is meant to build on temporary emergency water restriction in place since last year. Brown’s office reports that “between June 2015 and March 2016, Californians reduced water use by 23.9 percent compared with the
Executive Order Makes California Water Conservation Permanent Read More »
Nevada is taking a close look at water rights of use, thus now is the time to make sure your use rights are in good standing. With a shuffling of basin engineers within the Nevada Division of Water Resources, water rights are being reviewed to determine compliance! Are your rights of use in your name?
Nevada Cracks Down on Water Rights of Use Read More »
On September 18, 2015, the Bureau of Land Management (“BLM”) and United States Forest Service (“USFS”) issued Records of Decision (“RODs”) related to land management in support of sage grouse populations on lands managed by the agencies. The RODs put land use plans in place in lieu of listing sage grouse under the Endangered Species
Sage Grouse Land Use Plans and Law Suits Read More »
BLM’s Sage Grouse Plan Collaboration-Implementation is underway. As part of the BLM’s effort to ensure collaboration and engagement during implementation of the sage grouse plans, the BLM is sending out invitations to stakeholders to begin the dialogue. These invitation only meetings will occur on: April 22nd in Salt Lake City, UT April 26th in Boise,
Sage Grouse Workshop Read More »
In the Northwest, a substantial percentage of our power comes from hydroelectric projects. California’s new legislation requires utilities to provide electricity from 50% renewables by 2030, and Oregon’s new legislation requires the same by 2040. The hydro power industry is viewing these renewable standards as creating continuing demand for hydro power, but several trends are
Renewable Energy Demand Grows; Hydro Power Faces Challenges, Opportunities Read More »
Spring is approaching on the West Coast and we all know what this means: watering season! Time to check your sprinkler systems for leaks, read and record meters, and make sure your system is ready for spring irrigation. Though forecasts were set for an “El Niño” winter on the West Coast, projections from the March
2016 Irrigation Season Read More »
Schroeder Law Offices is proud to announce Portland’s Managing Attorney, Sarah Liljefelt, has been promoted to Junior Partner. Sarah has been with the firm since 2009 as a law clerk, and joined the firm full time after receiving her Juris Doctorate and Certificate in Environmental and Natural Resources Law from Northwestern School of Law of Lewis
Announcing Sarah Liljefelt as Junior Partner! Read More »
Upon facing the fourth year of consecutive drought, the Nevada Drought Forum formed in April 2015 by Nevada Governor Brian Sandoval to assist with water resource challenges in the State of Nevada. The Forum was comprised of members representing various governmental and quasi-governmental agencies in charge of managing water resources in the State. In September
Nevada Drought Forum Releases Recommendations Report Read More »
California Governor Brown signed Senate Bill 88 into law on June 24, 2015. Part of that Bill amended the California Water Code to require that all persons who divert 10 acre-feet or more of water per year after January 1, 2016 must install a water measuring device to measure the rate of diversion (including diversion
California’s New Water Measuring, Recording & Reporting Law Read More »
Final rulemaking related to Forest Service permits for Ski Area Water Rights was released on December 30, 2015. Unlike an earlier directive passed in 2011, the Ski Area Water Clause will not require ski areas to transfer water rights to the federal government as a condition of operating on public land. Instead, the new clause will
Forest Service Changes It’s Tune on Transfer of Ski Area Water Rights Read More »
On December 22, 2015, the United States Environmental Protection Agency (“EPA”) announced funding of more than $19 Million for drinking water and wastewater infrastructure projects in Nevada. The program funds fall under Nevada’s Clean Water State Revolving Fund, and provides money for state projects that promote clean water through wastewater treatment projects and improvements to
Nevada Wastewater Funding Approved by EPA Read More »
The news of Dwight and Steven Hammond’s resentencing is an open platform for change in federal handling policies, but the fear incited by Ammon Bundy’s voluntary militia of protesters is clouding evidence that backs claims of federal government mismanagement. Protesters are against the Hammonds’ re sentencing and believe they were convicted unfairly under laws intended
Resentencing Issue Clouded by Militia Read More »
Dwight and Steven Hammond respect the rule of law. They have litigated this matter within the federal courts for over five years and, in every instance, have followed the order of the court without incident or violation. That includes serving the entire sentences imposed in this case by the judge who heard the evidence at
Statement: Dwight and Steven Hammond Read More »
Congress has adjourned for the year without passing a bill to authorize and fund the Klamath Agreements. The Klamath Basin agreements include: the Klamath Hydroelectric Settlement Agreement (“KHSA”), Klamath Basin Restoration Agreement (“KBRA”) and Upper Klamath Basin Comprehensive Agreement (“UKBCA”) that together lay out a comprehensive scheme for changes in management along the entire reach
Klamath Basin Bill Does Not Pass This Year Read More »
