Water law

Start 2010 Out Right: Organize Your Title Records!

Do you keep your deeds in the safe? A secure file?  If so, you surely know what water uses you are entitled to and have these records kept safe and secure reviewing them annually? If not, you’re lucky that the state has records on the water uses related to your property.  However, it’s unlikely these records […]

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Nevada Water Right Transfer Litigation Finally Ends

Federal Judge Robert C. Jones called Schroeder Law Offices attorney Laura Schroeder and others to court today to end 29 years of litigation related to over 200 transfer applications filed by various farmers in the Newlands Project, Nevada.  These transfers were tied up for years by the Pyramid Lake Indian Tribe appeals to Nevada State

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Water Districts Successfully Appeal Takings Case Against BOR

Today- September 30, 2009, the Federal Circuit Court of Appeals issued a major decision in favor of Stockton East Water District and the Central San Joaquin Water Conservation District determining that the US Bureau of Reclamation and the Districts have binding contracts for specified quantities of water to which Reclamation is obligated to provide. The underlying trial court, the Court of

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Water Efficiency: A Competition to Test Your Cutting Edge Ideas.

At Schroeder Law Offices, P.C., we routinely work with our clients to develop efficient water use and management systems. Upon reviewing the competition offered below, we thought of you! Thus, if you are an innovative and efficient water user, or perhaps want to share your ideas with others then you might check out this competition!

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Oregon’s New Exempt Well Mapping and Fee Requirements

The 2009 Legislative Session was full of excitement for Oregon’s water users. Specifically, new laws face those looking to drill a new ground water well for an exempt use. Oregon’s exempt ground water uses are outlined in ORS 537.545. These exempt uses include drilling a well for single or group domestic purposes not exceeding 15,000

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Aquifer Storage and Recovery (ASR) vs. Artificial Recharge (AR)

By Therese Ure and Lincoln Herman Aquifer Storage and Recovery (ASR) is a device for the storage of excess surface water which has been appropriated under a valid water right. Originally, this device was used primarily for drinking water, however agricultural and other water users are considering ASR as a device to off set seasonal

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TCID Water Allocations Increase, as do District Assessments!

TCID announced that water allocations in the District are being increased from 80% to 90%. The District made this decision after Lahontan Reservoir levels continued to rise. Water users can expect to see the adjustment reflected on their next water card. TCID also announced that due to amendments in A.B. 226, the District now has

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Rainwater Harvesting: Oregon Smart Guides from the Building Code Division Part III

By Law Clerk Lincoln Herman “Rainwater Harvesting” These are systems designed to capture water that runs off the roof of a structure. Under Oregon Law you may only capture the water that runs off of your roof in one of these systems. The purpose is to create a store of water that can be reused

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Water Conservation Systems: Oregon Smart Guides from the Building Code Division Part II

By Law Clerk Lincoln Herman “Water Conservation Systems” These are systems designed to capture gray water from your house. Examples of gray water are the water that flows out of your bathtub. The premise is that the water can be captured, filtered and reused for toilet flushing. The result is a measurable reduction in the

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Rainwater Harvesting and Water Conservation Systems: Oregon Smart Guides from the Building Code Division Part I

By Law Clerk Lincoln Herman Rainwater Harvesting and Water Conservation Systems: a Guide to Smart Water Capture and Reuse. The Oregon Building Codes Division recently published Smart Guides for Rainwater Harvesting and Water Conservation Systems. These guides are filled with valuable information relating to collecting water from sources such as roof runoff as well as

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Clean Water Act Regulates One Pot of Soup: The Unitary Waters Theory Adopted

By Law Clerk Nicole Widdis The Eleventh Circuit Court of Appeals, in an order filed today, was the first court to interpret a recent Environmental Protection Agency (EPA) regulation, the Water Transfers Rule (40 C.F.R. § 122.3(i)), which affects the Clean Water Act National Pollution Discharge Elimination System (NPDES). The case before the Court involved

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Should Climate Change be making its way into the Oregon Water Law Statutes?

As evidenced in the recent amendments to proposed HB 3369 concerning revisions to loan and grant funding for Oregon water projects, climate change issues are finding their way into Oregon statutes. One might ask if this is proper given the lack of science surrounding climate change issues. The Environmental Protection Agency realizes that the science

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Advanced Oregon Water Law Seminar

Tough times dictate that we cut our discretionary spending.  Property owners may defer some maintenance and other due diligence.  But spending money on education and protecting your property interests must be considered a continued important investment that is not discretionary. Hunkering down and waiting for it to pass us by will not work.  Business as usual

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Limiting the Domestic Well Exemption

Most Western states allow an exemption from water right permitting for domestic wells.  In New Mexico this exemption was recently challenged as being inconsistent with the prior appropriation doctrine.  Other western states seek to legislatively limit the scope of such exemptions. Oregon which has perhaps the broadest statutory groundwater exemption is seeking in this legislative

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Schroeder Law Offices to participate in the OGWA Spring Technical Conference

The Oregon Ground Water Association (OGWA) is holding their Spring Technical Conference on March 6-7, 2009 at the Oregon Garden Resort in Silverton Oregon. Schroeder Law Offices’ Therese Ure will join the panel discussion on Government Affairs which will discuss and consider the 2009 Legislation’s proposed bills relating to the ground water industry. For more

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