Water law

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

Earth Day is a great reminder that we can all gather together to learn about our world’s ability to sustain life for ourselves and future generations. In the legal field, the American Bar Association, Section of Environment, Energy, and Resources (“ABA”) is sponsoring a project in support of Earth Day.  It is a nationwide public

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

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

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

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

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

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

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

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

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

We, as well as many water right permit holders and Certified Water Right Examiners, have had October 1st circled in red on our calendars for many years. Historically, the Oregon Water Resources Department (“OWRD”) has set the deadline for Permittees to complete perfection of their water right on October 1st of the applicable year and