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 »
Oregon Revised Statute 537.225 was enacted in 2013, allowing water use permit holders with irrigation, nursery, temperature control, stock watering, or agricultural water uses and subsequent completion dates to apply for assignment of all or part of the water use permit, and for the issuance of a replacement water use permit that reflects that assignment.
Oregon Water Use Permits May be Split Read More »
The latest chapter in Schroeder Law Offices’ long-standing relationship with the Idaho Rural Water Association can be found in the Fall 2015 edition of IRWA’s quarterly publication, The Water Gram. In it, Laura Schroeder and James Browitt discuss the current status of Idaho’s ambitious adjudication process, which has worked its way from the Snake River
Talking Idaho Adjudication, IRWA Read More »
Nevada’s Special Session opened December 16, 2015 with Senate Bill 1 , an act that will issue transferable tax credits and tax breaks to certain projects authorized by the government. Section 64 of this bill relates to water use. It is proposing to streamline the water use permitting processes in order to encourage economic development.
Governor Opens Legislature for Special Session: Water Issues Included Read More »
On October 16, 2015, the office of the State Engineer of the State of Nevada issued an Order of Adjudication for the public waters of Northern Nevada’s Diamond Valley. The past years’ drought has made vested water rights and claims in Eureka County an ongoing and important legal issue. Water rights’ holders will need strict
Adjudication Order 2016: Diamond Valley, Nevada Read More »
El Niño is gracing the West Coast of the United States and water watchers are enjoying relief from the past few years of drought, but the catch-up game may take longer than hopefuls could dream. Reports from the U.S. Climate Prediction Center indicate that wetter weather is forecast for the West Coast through at
Drought Aid in the West Read More »
On November 3, 2015, the United States Senate voted on legislation meant to repeal the federal regulation re-defining “Waters of the United States” (“WOTUS”). WOTUS sets EPA’s jurisdiction, and thereby how far the EPA can reach to regulate various waterways. The regulation increases federal jurisdiction over water within the United States, which many believe will
Senate Takes Action to Repeal WOTUS (Updated 1/20/16) Read More »
This week, the Duncan Family contributed to feeding the world by gathering their annual calf crop and sending them to others who would raise them for market. Raising stock, “ranching,” is an age old way of life a culture that is passed down through generations. The four generations in the Duncan Family presented in these
Schroeder Law Clients Feed the World Read More »
On June 29, 2015 the Environmental Protection Agency (“EPA”) published a new rule under the Clean Water Act, re-defining “Waters of the United States,” and sought to expand federal jurisdiction over certain water sources. The new rule was set to go into effect on August 28, 2015. Due to the implications and potential effect the
Court Grants Injunction to EPA Rule Read More »
NINTH CIRCUIT UPHOLDS RULING — NPDES PERMITS ARE NOT REQUIRED FOR TRANSFERS OF WATER IN THE KLAMATH BASIN ONRC Action v. United States Bureau of Reclamation (9th Cir. Or. Aug. 21, 2015) cdn.ca9.uscourts.gov/datastore/opinions/2015/08/21/12-35831.pdf The Ninth Circuit Court of Appeals was recently presented with the issue of whether the Bureau of Reclamation violated the Clean Water
Ninth Circuit – Klamath Straits Drain and Clean Water Act Read More »
The Sacramento Superior Court of California on July 10, 2015, granted a TRO temporarily restraining the California State Water Resources Control Board’s drought curtailment action against certain senior water rights holders. The court held that the Board’s action violates due process rights and would cause irreparable harm. On May 1, 2015 and June 12, 2015 the California State
Restraining Order Halts Drought Curtailment Read More »
By: Laura Schroeder and Derek Bradley Despite being a landlocked country with an arid climate Afghanistan possesses a surprising number of fresh water surface sources thanks to snowpack originating in its mountainous terrain. While the country has several freshwater sources contained within it (namely the Northern water basin) all four of the country’s largest river
Afghanistan’s Transboundary Waters Read More »
By Derek Bradley– In an 8-1 decision the United States Supreme Court on Monday June 22nd overturned the Ninth Circuit in Horne v. Department of Agriculture bringing an end to an unusual government practice that had existed for almost 80 years and providing a victory for property rights advocates. A pair of raisin farmers challenged
The Supreme Court’s Raisin Decision– A Victory for Property Rights Read More »
During the 2015 Nevada Legislative Session, Assembly Bill 435 passed by the Legislature. On May 27, 2015, AB 435 was signed into law by Governor Sandoval. This bill adds a new Judicial District to Nevada, and reorganizes the counties which make up certain Judicial Districts. The Sixth Judicial District Court, currently encompassing Pershing, Humboldt, and
Assembly Bill 435 and the Humboldt River Decree Court Read More »
By Derek Bradley After receiving negative feedback from both the Western Governors’ Association and a large bipartisan group of House Committee on Natural Resources (both letters are linked below), the U.S. Forest Service (USFS) announced last week it was permanently withdrawing its proposed groundwater rule concerning groundwater management on national forest lands. The move comes
U.S. Forest Service Withdraws Proposed Groundwater Rule Read More »
By Derek Bradley– The June 18th Oregon Water Resources Commission meeting included a presentation concerning the current state of groundwater in Harney County. Harney County development expanded in recent years, with a lot of this development driven by agriculture. Much of the water needed for this development, derives from groundwater causing the number of irrigated
Permit Moratorium Announced for Groundwater in Harney County Read More »
The Nevada Drought Forum announces its first meeting schedule. The Nevada Drought Forum was established by Governor Sandoval to assess and monitor the drought in Nevada, identify conservation practices and policy needs, and make recommendations to the Governor. The Forum seeks to evaluate drought findings and provide input on future steps in the form of
Nevada Drought Forum Announces Meeting Schedule Read More »
