Water law

Municipal Low Impact Development Design and Implementation

For municipalities tasked with eliminating stormwater drainage, options tend to be expensive or regulatory steeple-chases with several iterations of reports, plans, approval processes, and permitting. A recent addition to the municipal toolbox of reducing stormwater runoff is the incorporation of Low Impact Development (LID) techniques that can serve as an alternative to the typical stormwater […]

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Proposed Rule for the Clean Water Act Published April 21, 2014

On April 21, 2014, the Federal Register published a proposed rule drafted to clarify the definition of “Waters of the U.S.” under the Clean Water Act.  According to the U.S. Environmental Protection Agency (“EPA”), the proposed rule was released by the EPA and the U.S. Corps of Engineers (“Corps”) with the intention of clarifying protection

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Water Rights Protection Act – Written by Matthew Curti

On March 13, 2014, the U.S. House of Representatives passed H.R. 3189, the “Water Rights Protection Act.” This piece of legislation was introduced by Rep. Scott Tipton of Colorado, and Rep. Mark Amodei of Nevada. In a press release, Rep. Mark Amodei states that, “[t]he bill would protect communities, businesses, recreation opportunities, farmers, ranchers and

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USCID Sacramento 2014: Conjunctive Management

On March 4–7, the 2014 United States Committee on Irrigation and Drainage (USCID) met in Sacramento California on the topic of “Groundwater Issues and Water Management—Strategies Addressing the Challenges of Sustainability.”  The Conference included our study of “Conjunctive Management: Changing Water Regulation and Evolving Strategies.” This paper focused on western States regulation of surface and

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Whitsett Water Bills (House Bill 4044 & Senate Bill 1572)

National Ground Water Awareness Week brings our attention to the “hot” issues in ground water now focused in Oregon, perhaps surprising to some, in the Klamath Basin. On March 7, 2013, the Oregon Water Resources Department (“the Department”) issued its Findings of Fact and Order of Determination (“FFOD”), thus ending the administrative phase of the

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Oregon’s Drought Declaration Opens Door for Drought Permits, Transfers, and Agreements

On February 13, 2014, Oregon Governor John Kitzhaber declared a drought emergency for four southeastern counties (Klamath, Lake, Harney, and Malheur) in Oregon Executive Order No. 14-01. “The unusual act of declaring a drought emergency in the middle of February is an indication of how severe the conditions are in southern Oregon and of the

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Colorado River Drought Causes Drastic Impacts on States Relying on It’s Water

According to the New York Times, the Colorado River has suffered a 14 year drought reducing the flow of the river and diminishing it’s man made reservoirs to less than half of their capacities. Approximately 75% of it’s water is used by agriculture in California’s Imperial Valley and Wyoming’s cattle herds (producing 15% of the

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Conflicting Values in the Water “Sustainability” Debate; By Brian Sheets

Last Wednesday, I had the opportunity to attend a Continuing Legal Education seminar, the topic being “Is Western Water Law Sustainable?’ Over the course of the hour and a half long discussion, we heard the history of the way the prior appropriation doctrine assumed its prominence in the water law of Oregon, and then a

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Mark your calendar to celebrate World Water Day 2014 on Mach 22!

Countdown to World Water Day 2014: 66 days! World Water Day 2014 focuses on the relationship between water and energy.  The United Nations-Water and United Nations-Energy programs within the United Nations System are working with the UN’s Member States and other stakeholders to highlight the interconnected nature of water and energy.  Specifically, water is required

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Oregon Court of Appeals Decides Cottage Grove Case

On December 11, 2013, the Oregon Court of Appeals issued a ruling interpreting the amended ORS 537.230(2) conditions. ORS 537.230(2) prescribes conditions for the Oregon Water Resources Department (“the Department”) to grant municipal permit extensions to complete construction and apply water to beneficial use in order to perfect water use rights. In this case, the

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Nevada State Judge Issues Decision Invalidating State Engineer’s Orders Concerning the Southern Nevada Water Authority Project

Nevada’s State Engineer had granted the Southern Nevada Water Authority (“SNWA”), formerly known as Las Vegas Valley Water District, the largest water appropriation in Nevada’s history for use of water from Spring Valley, Cave Valley, Dry Lake Valley and Delamar Valley, even after several parties protested the applications. The protestants, Great Basin Water Network, White

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Yakima River Basin Integrated Plan; By: James Browitt

The Yakima River Basin Integrated Plan was the predominant topic at the Washington State Water Resources Association annual conference, with legislators, agency representatives, and stakeholders alike discussing the status of an ecological restoration project that supporters maintain is unprecedented in the United States. Conference speakers, including state Rep. Judy Warnick and state Sen. Jim Honeyford

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New Nevada Bill Seeks to Conserve Land in Carson Valley

Nevada senators introduced a new bill that seeks to provide federal funding for conservation easements that would prohibit development on thousands of acres of land in the Carson Valley. If passed, the bill will transfer some federal land to the county, return some cultural sites to the Washoe Tribe, and will encourage local ranchers and

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U.S. Environmental Protection Agency Awards $15 Million to Nevada for Water Projects

On November 8, 2013, the federal Environmental Protection Agency’s (“EPA”) regional administrator for the Pacific Southwest, Jared Blumenfeld, announced that $15 million in grants would be provided to Nevada. Grants were awarded to the Nevada Division of Environmental Protection (“NDEP”) for improvements in drinking water and waste-water treatment. NDEP was awarded a $6.5 million grant

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Informational Presentation on Water Issues in the Walker River Basin

Schroeder Law Offices is joining forces with the Nevada Farm Bureau to provide an informational presentation on water issues in the Walker River Basin. Join us on November 7, from 6:00 p.m. until 8:00 p.m. at Casino West, in Yerington Nevada, as we discuss the Settlement with the National Fish and Wildlife Foundation and Walker

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Imminent Water Shut-Offs for Water Users in Klamath Basin

March 7, 2013 marked the end of the administrative phase of the Klamath Basin Adjudication. On that date, the Oregon Water Resources Department issued its Findings of Fact and Order of Determination, adjudicating all pre-1909 surface water claims in the Klamath Basin. Claims that were affirmed in the administrative phase are now enforceable, unless a

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