Water law

Revised Statute 2477 was passed by Congress in 1866 and provided an open-ended grant of “the right of way for the construction of highways over public lands, not reserved for public uses.” Commonly called “R.S. 2477,” the statute facilitated most of the transportation routes of the West and remained in effect for 110 years. During […]

Each year, Schroeder Law Offices contributes to the American Bar Association’s Year in Review publication by drafting an update to the Oregon water law section. Schroeder Law Offices’ summary of the most significant updates in the field of Oregon Water Law during the year 2011 has been posted to the firm’s website. You can read

Improved technology and surveying techniques may lead to the discovery that your water rights are located where believed or are actually authorized on incorrect property. If you are a holder of a water right which incorrectly includes a portion of authorized use appurtenant to land owned by another party (such as a neighbor) or another

It is practically impossible to avoid a new story, article or observations about the economy these days. Commentary on the economy commonly concerns interest rates, the stock market, and the latest moves by the Fed. In the article “Is water the new gold?” author Anthony Mirthaydan addresses the interplay of the demand for clean fresh

OWRD’s Reimbursement Authority Program provides water users with an opportunity to expedite final action on extension and transfer applications. Through the program, the water user enters an agreement to pay the costs necessary for OWRD to engage outside contractors to conduct OWRD’s review of the application. The benefit is clear. Rather than sitting in a

The Oregon Water Resources Department (OWRD) changed its procedure for accepting alternative (small) reservoir applications based on the judicial decision Deborah Noble and David Hillison v. Oregon Water Resources Department (Hillison). Clackamas County Circuit Court, CV-10-01-0159, General Judgment entered January 25, 2011. The Hillison court determined that ORS 537.409, which governs the permitting process for

The Oregon Public Meetings laws sets a policy that Oregon government business be conducted in the open and that the public be informed of deliberations, decisions and information underlying those decisions. For those reasons, Oregon Revised Statute (“ORS”) 192.630 provides: “All meetings of the governing body of a public body shall be open to the

On May 2, 2011, the United States Supreme Court decided the case of Montana v. Wyoming (No. 137, Orig.; 2011 WL 1631038). Although the case had to do with an interstate water compact between those states, the court decided the case on general western water law principles. Of particular interest, the Court determined that junior

Generally, discharges of pollutants into the waters of the United States require permitting from either the EPA or the State’s authorized permitting process under the Clean Water Act (“CWA”). However, in 2006 the EPA issued a Final Rule which concluded that pesticides applied in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) were

In response to a recent ruling by the U.S. District Court for Idaho, the Bureau of Land Management (“BLM”) will be making the names and addresses of grazing permit holders and lessees available to the public via a publicly accessible website.  Personal phone numbers and financial information will not be included.  This change is derived

On January 18, 2011, U.S. President Barack Obama signed an executive order titled “Improving Regulation and Regulatory Review.” The Wall Street Journal printed the President’s address concerning the executive order in an article entitled “Toward a 21st Century Regulatory System.” The executive order requires federal agencies to ensure that regulations protecting health, safety and the

Since 1989, the 9th Circuit has held that no party may intervene on the side of the federal government when suits are brought which allege that the federal government did not comply with the National Environmental Policy Act (“NEPA”). Often, environmental groups bring these suits, but those using the public lands or public resources do

On October 7, 2010 the Oregon Attorney General’s Office released a report discussing the problem areas inhibiting full and meaningful government transparency. The report identifies four areas of particular concern – 1) timelines for responding to public records requests, 2) fees, 3) exemptions, and 4) public meetings – and recommends actions to the Oregon Legislature

This Wednesday, October 13th, Laura Schroeder will speak to Oregon State University’s Water Resources Graduate Program during the Water Resources Seminar Series. Laura will address “Municipal Water Permitting in an Era of Change: Legal Structures and Policy Trajectories.” Under the traditional requirements of western water law, an appropriator must divert water, put it to beneficial

By: Sarah Liljefelt The Clean Water Act (“CWA”) prohibits the discharge of pollutants from a point source into the navigable waters of the United States without an NPDES permit. The Act defines a “point source” as “any discernible, confined and discrete conveyance.” 33 U.S.C. §1362(14). Natural runoff is not a point source, and does not