Revisions to Exempt Groundwater Use in Oregon

In the 2025 Oregon Legislative Session, the Oregon State legislature passed House Bill (HB) 3372. HB 3372 changes rules allowing people to use groundwater without requiring a water right. These uses are called “exempt” from water right requirements.

Groundwater is a major source of domestic, stockwater, and supplemental irrigation in Oregon, especially in rural areas. People use it for drinking, raising animals, and growing food. Typically, to use groundwater (or surface water), one must obtain a water right of use from the Oregon Water Resources Department. But, Oregon law, found in Oregon Revised Statute (ORS) 537.545, allows for certain groundwater uses to be “exempt” from this requirement. People often refer to these wells as “exempt groundwater wells” or “domestic-exempt wells.” To date, Oregon has approximately 230,000 exempt groundwater wells with approximately 3,800 new wells drilled annually.

Exempt Uses

Previously, under Oregon water law, someone could use an exempt groundwater well for the following uses:

• Stock watering purposes up to 12,000 gallons per day (with an exception for confined animal feeding operations)
• Watering non-commercial lawns or gardens (for areas up to one-half an acre)
• Watering school grounds up to 10 acres in a critical ground water area
• Single or group domestic in-home use up to 15,000 gallons per day
• Commercial use up to 5,000 gallons per day
• Reusing water for irrigation, if it follows certain rules

New Exempt Use

With the passing of HB 3372, an additional exemption was added: irrigation of a commercial garden up to one-half acre using no more than 3,000 gallons per day. This commercial garden use can be combined with groundwater for commercial business purposes. In that case, the total cannot go over 5,000 gallons per day. Also, the new exemption says that cannabis growers can be considered for the new commercial garden exempt use. However, the cannabis grower must be licensed as an industrial hemp grower (ORS 571.281).

Special Rule for the Lower Umatilla Basin

In the Lower Umatilla Basin Groundwater Management Area, the new exempt use allowing irrigation of commercial gardens does not begin until January 2, 2028. Lawmakers added this exception for the Lower Umatilla Basin Groundwater Management Area, shortened to “LUBGWMA,” in the final round of amendments to the proposed bill. Officials designated the Lower Umatilla Basin as a groundwater management area in 1990 due to the high levels of nitrate found in the groundwater.

When Exempt Use is the Only Way to Get Water

Given the new groundwater rules for permitting, exempt uses may be the only available groundwater source readily available to developers and small organic growers.  Schroeder Law Offices can assist in regulatory compliance and development via exempt uses.  Find us at: Inquiry Form – Schroeder Law Offices, PC

In a significant decision, the United States Supreme Court has narrowed the scope of the National Environmental Policy Act (NEPA). This ruling came from the case Seven County Infrastructure Coalition v. Eagle County.

What is NEPA?

NEPA is a law that requires federal agencies to consider the environmental impact of their actions. For any major federal action that significantly affects the environment, an agency must draft an Environmental Impact Statement (EIS). This report ensures that the agency carefully considers the environmental impacts and makes this information available to the public.

The Case

The case involved the U.S. Surface Transportation Board (the Board), which oversees the construction of new railroad lines. The Board approved an 88-mile railroad line in Utah’s Uinta Basin to transport crude oil. However, a Colorado county and several environmental groups challenged this decision. They argued that the EIS did not adequately consider the environmental effects of increased oil drilling in the Uinta Basin or the greenhouse gas emissions from refining the oil.

The Court’s Decision

The U.S. Court of Appeals for the D.C. Circuit initially agreed with the challengers and vacated the EIS and the Board’s approval. However, the Supreme Court overturned this decision. Justice Kavanaugh, writing for the majority, emphasized that NEPA is a procedural statute. This means that as long as an agency prepares an adequate report, courts should defer to the agency’s decisions.

Justice Kavanaugh explained that agencies make many fact-dependent, context-specific, and policy-laden choices when assessing environmental effects. Courts should not micromanage these choices as long as they are reasonable. This effectively narrows the scope of NEPA.

Implications

The Supreme Court’s decision means that agencies do not need to consider the environmental effects of separate projects during the NEPA process. This ruling aims to prevent citizens from using NEPA to delay or block federal projects based on the environmental effects of unrelated projects.

Justice Sotomayor, joined by Justices Kagan and Jackson, agreed with the decision but wrote a separate opinion. They believed the case should have been decided on narrower grounds, focusing on the Board’s lack of authority to reject the project based on third-party actions.

Conclusion

This decision narrows the scope of review required under NEPA. It will be interesting to see how federal agencies conduct their NEPA analysis going forward.

Wildfires and Drinking Water Flavor: Insights from the Wine Industry

Oregon debates how to fund wildfire prevention and response. Legislation that would repeal Oregon’s controversial statewide Wildfire Hazard Map sits in the Oregon House. Republicans, Democrats, and the Oregon Governor negotiate. Oregon had a record 1.9 million acres of its 61.6 million acres burn in wildfires in 2024. That’s 3% burn in one year! And all the wildfires affect drinking water flavor.

What it Means for Drinking Water Flavor

From a drinking water standpoint, what are the ramifications of wildfires in Oregon? To answer that question an article published in the American Water Works Association June 2025 issue of Opflow put the focus on flavor.

Ash entering source water creates pollution that can be removed by conventional water treatment. It’s another story for the smoky flavor that cannot be removed even months after a fire. This flavor issue has domestic water purveyors scratching their heads. Little research exists as to what chemicals cause the smoky flavor. It’s a combination of compounds with a layering effect making it difficult to differentiate between odors that create the smoky flavor.

Clues from the Wine Industry

Interestingly, water quality engineers are looking to the wine and food and beverage industry’s production of liquid smoke for answers to drinking water flavor. The wine industry because certain wines include smoky flavors intentionally, which is not the case for the beer industry! Of course, fires carry other pollutants to the air which sit on vineyard grapes destroying this and other crops. This has a disastrous effect on Schroeder Law’s agricultural clients.

What Causes so many Fires?

In 2024, Oregon reported that human activity caused 70% of the wildfires. Debris burning was the leading cause. Unfortunately, Oregon expects that wildfires largely caused by human carelessness will continue. And so too their effect on source waters, particularly those that are currently provided for domestic use without treatment.

Water Treatment Operators will monitor and continue to adjust their treatment strategies to perserve drinking water flavor to our growing, careless population. Growers will continue to do their best to adjust harvest schedules to avoid crop loss caused by wildfires. In the end, it is up to each of us to be vigilant to avoid igniting fires.

Not Just a Trend: How and Why Drought-Resistant Landscaping Matters

The classic appeal of a lush, green lawn is undeniable. However, there are many drawbacks that make maintaining grass-covered yards burdensome. With average temperatures rising and annual rainfall decreasing throughout the western United States, the cost of keeping a well-manicured lawn has increased dramatically. As a result, many homeowners are opting to convert to xeriscaping (replacing grass with drought-resistant landscaping using plants that require little to no irrigation) or zeroscaping (removing most or all plants in favor of gravel, paving stones, or other non-living decoration). With summer just around the corner, here are some reasons why replacing or reducing the amount of grass in your yard can make a big impact.

Benefits of drought-resistant landscaping:

1. Save money

Keeping a lawn healthy and green is expensive! Whether you receive water from a municipal utility, a water district, or a domestic well, the cost adds up fast. The most obvious expense comes from an increase in water use, and therefore higher water bills, especially in the summer when yards must be consistently irrigated. It’s important to keep in mind, though, that there are other related expenses. Electricity powers the pump that pulls the water from the well or waterline. Sprinkler systems can be costly to install and require maintenance, repair, and eventual replacement. Another overlooked cost is Yard debris disposal. Many waste disposal companies charge extra to pick up trimmings.

2. Reduce time and labor spent on maintenance

Not only are lawn mowers and other landscaping equipment expensive to purchase and maintain, but they take a lot of power (fossil fuel or electricity) to operate. By replacing sod with native grasses, bulbs, shrubs, and succulents, your drought-resistant landscaping can greatly reduce the time and money spent on yard upkeep. Similarly, since grass must be watered consistently, the wet soil creates an ideal environment in which invasive weeds thrive. Without daily irrigation, the ground stays drier and is much less hospitable to unwanted flora. That means less time spent on yard maintenance and less money spent hiring gardeners or landscapers.

3. Protect the local ecosystem

Bees aren’t the only pollinators impacted by the reduction of native plant species. Butterflies, hummingbirds, beetles, and even bats play a crucial role in transferring pollen from one plant to another, which is necessary for growth and reproduction. Swapping grass for non-invasive flowers and shrubs supports biodiversity of plant, insect, and animal life. Further, most grass used for landscaping is not native to North America and can choke the root systems of other native plants and damage the soil, making it less able to retain nutrients and support plant life in the future.

Getting started:

Do some research

Before you start tearing out grass, take some time to decide what plants and features to replace it with. Nature doesn’t care about state lines, so it’s important to consider the region. Plants that thrive in humid northwest Oregon, for example, will wither in the arid central and eastern parts of the state. Similarly, keep in mind how much shade and sun your yard receives. Labels like “drought resistant” or “native” are not one-size-fits-all, so do some homework or reach out to an expert before taking the plunge into drought-resistant landscaping. 

Consider the layout

Getting rid of grass doesn’t mean your outside space can’t still be enjoyable! Benches, statutes, paths, pergolas, and garden boxes can easily be incorporated into a drought-resistant yard. Consider using vintage or second-hand furniture and fixtures (just make sure they’re built to withstand the outdoors!). Many stores will sell surplus or imperfect paving stones at a discount. Once you have a layout in mind, it will be much easier to select the right size and type of plants to complement the design.

Incremental change counts!

While xeriscaping and zeroscaping are significantly more cost-effective than traditional lawns in the long run, redoing an entire yard does take time and money upfront. There is also much to be said for having a grassy area for humans and pets alike to enjoy. It’s okay to start small – replacing even a portion of your lawn with drought-resistant plants will have a huge impact.

You can visit the links below for more information and inspiration about drought-resistant landscaping. For ongoing updates about everything water, make sure to follow our Blog – Schroeder Law Offices, PC!

• 10 of the Best Xeriscaping Ideas
• Gardening with Oregon Native Plants West of the Cascades | OSU Extension Service
• 10 native plants For your Nevada garden – THE LAHONTAN AUDUBON SOCIETY
• 10 plants for Idaho xeriscape, native, pollinator gardens | Idaho Statesman
• Landscaping for drought and hot weather | Washington State Magazine | Washington State University

The Nevada Division of Water Resources is hosting public presentations to provide information and receive comment for issues within the Humboldt River region.  If you have concerns or are interested in learning how NDWR is looking to conjunctive management in these regions, you should attend!  More information can be found at https://water.nv.gov/posts and then following the link to the “Public Outreach on the Humboldt Rier Water Management”. 

Public Outreach Sessions

Elko on June 10^th at 2:00PM at the Great Basin College

Winnemucca on June 11^th at 10:00 AM at the Humboldt County Library

Lovelock on June 11^th at 2:30PM at the Pershing County Community Center

Therese Stix will attend the Lovelock session to listen and participate in the discussion.  We hope to see you there!

New Drought Insurance Program in Washington State: A Lifeline for Farmers

Introduction

Washington State, through the Department of Ecology (DOE), has launched an innovative Washington State Drought Insurance Program. The program aims at providing relief to farmers and water right holders along the Columbia River. This program is designed to mitigate the impact of drought. Although droughts are rare along the Columbia River, occurrence happens every twenty years.  Arguably, drought has become more prevalent in recent years. The last drought in 2001 was the second most severe in state-recorded history.

Understanding Washington’s Need

In Washington, water rights are crucial for farmers, especially those with junior or interruptible water rights. These junior and interruptible water rights can be curtailed during droughts to ensure sufficient water flow for fish and senior water rights holders, thus leading to financial adversity for farmers.

The Washington State Drought Insurance Program

The Washington State Drought Insurance Program offers a solution by allowing junior water right holders to lease water during drought years. This leased water is supplied from Lake Roosevelt, which has a reserve of up to 33,000 acre-feet.  The program also involves a possible purchase of the reserve water and the option for lease agreements, therefore providing options for water right holders.

How the Program Works

1. Leasing Water: Farmers can lease water from Lake Roosevelt during drought years, ensuring they have a reliable water supply even when their rights are curtailed 
2. Cost-Effective: The leased water is relatively inexpensive, costing around $35 per acre-foot 
3. Partnerships: The program is partnering with Western Water Market to reach out to water right holders and gather information about their needs

Benefits

• Reliability: Provides a dependable water source during droughts.
• Economic Stability: Helps farmers avoid the financial losses associated with water shortages.
• Environmental Protection: Ensures that water flow for fish and senior water rights holders is also maintained.

Conclusion

Washington State’s Drought Insurance Program is a proactive step towards safeguarding the agricultural sector against the unpredictable impacts of droughts. By offering a cost-effective and reliable water leasing option, the program supports farmers and promotes sustainable water management.

Make sure to follow Schroeder Law Offices’ blog for more upcoming community events, updates to agricultural and water-related issues, and more!

NNPH & RCAC April Workshops

Attention Northern Nevada residents, have you ever wished your home’s septic system and well came with an owner’s manual?  Well, you’re in luck.  This month, Northern Nevada Public Health (NNPH) and the Rural Community Assistance Corporation (RCAC) are teaming up to offer two free in-person workshops focused on domestic wells and septic systems.

These April workshops will help homeowners better understand, maintain, and protect their private water and wastewater systems, while also providing access to valuable resources and technical assistance. Both workshops will include take home materials, Q&A sessions with environmental experts, and guidance on water testing, inspections, and local support programs. The trainings will be available in English and Spanish.

You Own a Private Well, Now What? Protecting Your Home’s Water Source  

 You can register for either or both sessions via the links in the descriptions below. For more information on NNPH’s well and septic programs, visit Domestic Well Program and Septic and Liquid Waste Program.

When: Wednesday, April 23, 2025, from 5:30-8:30 p.m. 
Where: Northern Nevada Public Health – 1001 East Ninth Street, Bldg B, Reno 
Register: https://www.events.rcac.org/assnfe/ev.asp?ID=4579 

More: This interactive workshop will cover the basics of domestic well ownership, including routine testing, maintenance tips, and ways to protect your water quality. NNPH and RCAC experts will also share information about local resources and programs to assist well owners.

How to Manage Your Septic System – Maintenance, Protection, and Resources 

When: Thursday, April 24, 2025, from 5:30-8:30 p.m. 
Where: Northern Nevada Public Health – 1001 East Ninth Street, Bldg. B, Reno
Register: https://www.events.rcac.org/assnfe/ev.asp?ID=4578 
Details: This session will provide practical guidance on septic system upkeep, common signs of failure, and how to prevent costly repairs. Attendees will also learn about public health and environmental considerations, and get connected with helpful tools and support programs

Make sure to follow Schroeder Law Offices’ blog for more upcoming community events, updates to agricultural and water-related issues, and more!

The Greater Idaho Movement is a fascinating and complex effort that has gained traction in recent years. This movement seeks to redraw the state boundaries. Several counties in eastern Oregon would become part of Idaho. The primary motivation behind this movement is the cultural and political differences between the rural, conservative eastern Oregon and the more urban, liberal western part of the state. 

Water: A Critical Issue in the Greater Idaho Movement

One of the critical issues at the heart of this movement is water rights. Water is a precious resource in the arid regions of eastern Oregon and Idaho. The management of water rights is crucial for agriculture, industry, and residential use. Water rights in the western United States are governed by the doctrine of prior appropriation, which essentially means “first in time, first in right.” This doctrine has been the foundation of water law in both Oregon and Idaho for over a century. However, the implementation and management of these rights can vary significantly between states.

In Oregon, water rights are managed by the Oregon Water Resources Department (OWRD). The state has a comprehensive water management plan that includes strict regulations on water usage, conservation efforts, and environmental protections. In addition, OWRD has ceded its application processes in large part to the Oregon Department of Fish & Wildlife (ODFW). These regulations can sometimes be viewed as burdensome by farmers and ranchers in eastern Oregon. They feel that their needs are not adequately represented in the state’s policies.

Idaho, on the other hand, has a more fluid approach to water management. The Idaho Department of Water Resources (IDWR) oversees water rights at the State level, but there is generally more local control and flexibility in how water is allocated and used.  Additional agencies, such as state fish and wildlife do not oversee or inform IDWR’s work. This approach is often seen as more favorable by those in the agricultural sector, as it allows for more adaptive management practices that can better respond to local conditions.

What if the Greater Idaho Movement Succeeds?

If the Greater Idaho Movement were to succeed, the counties that join Idaho would transition from Oregon’s water management system to Idaho’s. This shift could have several implications:

1. Regulatory Changes: Farmers and ranchers in these counties might experience a reduction in regulatory burdens, allowing for more flexible water usage. This could lead to increased agricultural productivity and economic benefits for the region.
2. Water Allocation: The change in state governance could also impact how water is allocated among different users. Idaho’s system might provide more opportunities for local stakeholders to influence water management decisions. That could lead to more equitable distribution of water resources.
3. Environmental Concerns: While the transition might benefit agricultural users, there could be concerns about the environmental impacts of less stringent water regulations. A critical challenge will be ensuring that water usage remains sustainable and that ecosystems are protected.
4. Interstate Water Compacts: The movement could also affect existing interstate water compacts and agreements. These legal agreements govern the allocation of water from shared rivers and aquifers between states. Any changes in state boundaries would require renegotiation of these compacts to ensure fair distribution of water resources.

Conclusion

The Greater Idaho Movement is more than just a political and cultural shift. It has significant implications for water rights and resource management. As the movement continues to evolve, it will be essential to carefully consider how these changes will impact the people and ecosystems that depend on water in this region. Balancing the needs of agricultural users with environmental sustainability will be key to ensuring a prosperous future for all involved.

Schroeder Law Offices works with clients in both Idaho and Oregon as well as Nevada, Washington and Utah.

House Bill 3419: What’s Next for Well Monitoring and Reporting?

Oregon House Bill 3419  has the potential to restrict how much water homeowners can pump from their exempt (non-permitted) wells. It requires meters to record water usage. This bill also focuses on constructing consistency in how water use is measured and reported, in hopes to refine water enforcement procedures.

Most types of water use require the user to obtain a permit from the Oregon Water Resources Department (“OWRD”). But Oregon law currently considers domestic use of up to 15,000 gallons of groundwater per day, including irrigation of lawns and non-commercial gardens less than one-half acre, exempt from permitting and reporting requirements. This could change under HB 3419.

Public Feedback

Public response to House Bill 3419 has been mixed. While environmental protection organizations like WaterWatch of Oregon, the Nature Conservancy, and the Oregon Environmental Council support the passage of House Bill 3419, many individuals have provided public comments in opposition. The Oregon Water Resources Congress (“OWRC”) also opposes HB 3419, stating, “We are not opposed generally to measurement and reporting… However [HB 3419] would provide OWRD with overly broad authority that will only compete with and undermine other ongoing water management efforts.”

Mark Owens, Oregon State Representative for House District 60, has said he is opposed to any bill that would establish constraints for rural residents who rely on exempt wells for their domestic water. House District 60 includes Baker, Grant, Harney, Lake, Malheur, and part of Deschutes Counties in central and eastern Oregon. Many residents of these rural counties rely on private wells to obtain domestic water. Owens’ aim is to make things less complicated for Oregonians. H wants to ensure access to secure and reliable water for their homes. He spoke about possibly setting up a fund to support repairs and replacements of wells that have been affected by droughts, fires, and contamination.

Conclusion

It is important that well owners, especially those who rely on exempt wells for domestic use, maintain awareness of potential rules and regulations that could require additional procedure concerning their water access. House Bill 3419 is currently in front of the Oregon House Committee on Agriculture, Land Use, Natural Resources, and Water. There are no scheduled hearings on this bill, and the deadline to submit testimony has expired. We will continue to monitor the progress of HB 3419, so check back for updates! If you’re interested in learning more about ongoing water right issues, visit our the Schroeder Law Offices, PC blog!

More Information about House Bill 3419

1. Oregon Well Owners Face New Restrictions: State Proposes Controversial Monitoring Plan – The Hillsboro Herald
2. Farmers fret water meter mandate (HB 3419 hearing) | Oregon Catalyst
3. Good News – The Oregon Legislature is Not Trying to Meter Your Domestic Well – Oregon Property Owners Association
4. Agriculture, Land Use, Natural Resources, and Water House 2025 Regular Session – Oregon Legislative Information System
5. OWRC Testimony

USCID Call for Papers – Consider Participating!

The United States Committee on Irrigation and Drainage (USCID www.uscid.org) is excited to announce the call for papers for its Annual Conference, scheduled to take place from October 21-24, 2025, in Reno, Nevada. This year’s conference will focus on the critical issues surrounding water supply and demand, emphasizing sustainable basin water management in the face of increasing scarcity and competing uses.

Conference Overview

The USCID Conference in Reno aims to address the challenges of water planning and management, particularly in the context of agricultural, urban, and environmental demands. With changing weather patterns, regulatory constraints, and the evolving science of hydrology and hydrogeology, the conference will explore innovative solutions to ensure reliable water supplies and effective resource management.

Call for Papers

USCID invites abstracts for papers and presentations that align with the conference’s themes. Authors can submit abstracts for either a 20-minute oral presentation with a paper or a 15-minute oral presentation without a paper. Accepted papers will be included in the Conference Proceedings, providing a valuable resource for attendees and the broader water management community.

Key Topics

The conference will cover a wide range of topics, including but not limited to:

1. Basin Water Management and Governance

   • Basin supply and demand management
   • Regional management governance structures
   • Implementing sustainable groundwater basin rules

2. Competing Uses of Water

   • Shared facilities
   • Surface water/groundwater exchanges

     • Recycling and wastewater reuse

3. Water Planning

   • Integrating regional water resources
   • Reservoir management and operation modeling
   • Stakeholder involvement

4. Water Supply and Demand Management

   • Urban and agricultural irrigation conservation
   • Deficit irrigation and drought management
   • Salinity and water quality management

5. Water Transfers

   • Water rights concerns
   • Improvements in agricultural and urban water transfers
   • Environmental permitting and policy

6. Technologies

   • Evapotranspiration and consumptive use
   • Flow measurement and SCADA systems
   • Precision irrigation and smart device applications

Submission Guidelines

Authors are encouraged to submit a 250-300 word abstract, including the paper or presentation title, author names and affiliations, and contact information. Abstracts should be submitted as a .doc or .docx file to megan@agamsi.com by May 1, 2025.

Important Dates

• Abstracts Due: May 1, 2025
• Notification to Authors: May 15, 2025
• Draft Papers Due: July 15, 2025
• Comments to Authors: August 15, 2025
• Final Papers Due: September 15, 2025
• Conference Dates: October 21-24, 2025

Join us in Reno for an engaging and informative conference that promises to advance the field of irrigation and drainage. We look forward to your contributions and participation in this important event. For more information, visit USCID’s call for papers website.

Oregon Snowpack: A Winter Wonderland in 2025

With the first day of spring just around the corner, Oregon’s snowpack is now a topic of significant interest and importance. This year, Oregon has experienced remarkable snowfall, leading to a snowpack that is not only above average but also the best in the western United States. What does this record-breaking year mean for the region?

A Record-Breaking Oregon Snowpack

As of February 2025, Oregon’s snowpack has reached an impressive 144% of normal levels with all watersheds at 77% or higher of median snow-water levels. The John Day, Malheur, Harney, and Lake County-Goose Lake watersheds all have more than 150% of median snow-water levels. The levels across the state look very similar to those in 2019.

The accumulation is due to a series of cold winter storms providing large amounts of snow across the state. The heavy snowfall has been a welcome sight for many, especially after several years of fluctuating snowpack that raised concerns about water supply and drought conditions. Oregon has enjoyed a successful winter ski season. Skiing is expected to continue far into the spring, with many ski areas near or at 100 inches of snow.

Implications for Water Supply

This substantial Oregon snowpack is not only enjoyed for recreational winter snow uses. It also bodes well for water users during the rest of the year. The current snowpack levels are a positive sign for Oregon’s water supply. With snowpack levels well above average, the state is better positioned to meet water demands for agricultural and recreational uses, especially with irrigation seasons starting in March. The ample snowpack reduces the immediate risk of drought, providing a buffer against dry conditions that could arise later in the year.

Looking Ahead

While the current Oregon snowpack levels are encouraging, it is important to remain cautious. In recent years, strong snowpacks have melted too quickly due to early warm temperatures in spring and summer. This faster melting reduces the snowpack’s ability to prevent wildfires. It is wise to approach the season with caution and to be well-prepared.

All in all, this is good news for Oregon water users, and we will hope for a bountiful summer.

The 2025 Nevada Legislative Session has begun. It’s looking like a busy session for water bills. Four bills caught my attention and we thought we should share them with you!

Assembly Bill 134

AB 134 proposes to amend NRS Chapter 533 to allow owners of a perfected water rights to submit water conservation plans to the State Engineer for approval. The goal of the bill is to “promote and encourage the conservation, development, augmentation and efficient use of the waters of this State through the use of practices for the voluntary conservation of water, including, without limitation, water conservation plans, crop rotation or conversion, improved irrigation practices and reductions in surface and seepage losses of water at the place of use of water.”

The main perk for those with approved conservation plans is that their water rights are not subject to abandonment pursuant to NRS 534.090.

Assembly Bill 104 and Senate Bill 36

AB 104 proposes to establish an Account for Retiring Water Rights and the Nevada Voluntary Water Rights Retirement Program (“Program”) to be administered by the Director of the State Department of Conservation and Natural Resources (“Director”).

The Program would allow the Director to accept applications for the purchase and retirement of water rights until June 30, 2035. Under this proposal, the State Engineer will retire the water rights that are purchased and the water will not be available for appropriation. SB 36 has nearly identical provisions but calls the Program the Nevada Water Buy-Back Initiative.

Also contained in AB 104 is a section proposing to change the name of temporary permits to revocable permits. There is also a section prohibiting domestic well drilling if the property is within 1,250 feet of a public entity service line.

Assembly Bill 265

            AB 265 proposes to amend NRS Chapter 533 to require the Nevada Division of Water Resources to notify water appropriation applicants if a committee is assigned to review the application. The bill places deadlines on the committee to complete the application review within 30 days after the protest deadline passes if no protests are timely filed, and within 60 days if a protest is received. The bill goes on to set deadlines for the State Engineer to act on other processes including reviewing applications for water use, extension of time applications, and confirming reports of conveyance to update water right ownership inforamation.

Lastly, under AB 265, the State Engineer will be required to notify a permit holder 30 days before the due date that a permit will be held in cancellation if a proof of completion of work or proof of application of water to beneficial use is not filed.

Take Aways from the 2025 Legislative Session

            These bills illustrate the increasing necessity to conserve water resources in Nevada while safeguarding senior priority water rights. Additionally, AB 265 addresses the increasing concern over the backlog in the State Engineer’s office. It sets deadlines to allow for the prompt administration of water rights. Now it will be up to the State Legislature and the Governor to decide if these bills will become law.

TAXING FARMERS BASED ON WATER AVAILABILITY

Attorney Laura Schroeder recently returned from Egypt.  She shares in this article the use of nilometers in ancient Egypt that offers a fascinating intersection of law, administration, and environmental science. These devices were pivotal in determining tax rates based on the annual flooding of the Nile River, highlighting the sophisticated legal and administrative systems of one of history’s most enduring civilizations.

Nilometers remained in use from the pharaonic period until the Aswan High Dam rendered them obsolete in the 1960s

Legal Framework and Taxation

In ancient Egypt, taxation was deeply tied to the Nile’s water levels, as measured by nilometers. These structures were essentially water gauges. They determined whether the annual flood would result in a prosperous harvest or a poor yield. A higher flood level indicated fertile soil and abundant crops, leading to higher taxes. Lower levels signaled drought and reduced taxes. The measurements were critical for setting equitable tax rates, ensuring that farmers were taxed based on their actual agricultural output potential.

Administrative Oversight

The process of measuring water levels and determining taxes was carefully regulated. During the Abbasid period, for example, nilometer readings were supervised by judges appointed by the Sultan to ensure accuracy and fairness. This reflects an early form of legal oversight to prevent corruption or manipulation in tax collection.

Broader Implications

Nilometers also held symbolic and spiritual significance. Often located within temples or adorned with Quranic verses during later periods, they represented the divine connection between the Nile’s bounty and societal prosperity. This dual role underscores how legal systems in ancient Egypt intertwined with religious and cultural practices.

Conclusion

The nilometer exemplifies how ancient Egyptian rulers utilized natural phenomena to create a structured taxation system. It not only ensured revenue for public projects but also established a legal precedent for fair taxation based on measurable criteria. This innovative approach resonates with modern principles of tax law, where income or productivity often determines tax liability.  Attorney Schroeder suggests that a similar approach to taxation of farmers in the US might be more appropriate!

Is Specialized Training for Nevada Water Judges Working?

Most agree that the Nevada Supreme Court’s initiative to provide specialized training for Nevada water judges was a significant step towards improving the adjudication of water law cases in the state. However, the jury is still out when it comes to determining the overall success of the program. This initiative, launched as a pilot program in January 2024, aims to enhance the expertise of district court judges in handling complex water law issues.

Pilot Program for Training Nevada Water Judges

The Water Judges Pilot Program follows extensive research and recommendations by the Commission to Study the Adjudication of Water Law Cases. The program mandates that the 15 judges who have completed the specialized training, preside over water law cases. This training is designed to cover key topics in water law and technical issues, ensuring that judges are well-equipped to handle the intricacies of these cases.

The certification process involves judges submitting an application and completing a training program. Supreme Court Rule 18, which outlines the criteria for water law cases and the assignment process. governs the program.  Nevada looks to the Dividing the Waters[2] program at the National Judicial College for curriculum and will require these Nevad water judges to undergo continued legal education. So far the program has not heard many cases, suspecting the reprieve in drought and abundant water supply in the last few years as correlating with the reduced number in cases coming before court. However, the program will likely reconvene at the end of the three-year pilot time period to review the statistics to assess the success of the program.

Justice Parraguirre’s Insights at the NWRA Conference

At the recent Nevada Water Resources Association (NWRA) conference, Justice Ron Parraguirre of the Nevada Supreme Court delivered a keynote presentation highlighting the progress and challenges of the pilot program for Nevada water judges. Justice Parraguirre emphasized the importance of specialized training in ensuring efficient and consistent administration of water law cases. Justice Parraguirre also discussed the ongoing efforts to refine the training curriculum based on feedback from Judges and stakeholders.  Currently, the program is aimed at NRS Chapter 533 use in management of water use, regulating and understanding surface water and groundwater connections, water rights adjudications, and understanding vested and subordinate water rights, among others. 

Justice Parraguirre’s presentation underscored efforts in the judiciary and at NWRA in addressing water law and technical issues. He praised the NWRA for its role in providing valuable resources and training opportunities for all water professionals. Justice Parraguirre advised that the one thing water experts can do better is teach!  Being able to break down concepts and teach those in the court room is key to the successful and consistent administration of water cases.

For more on Nevada Water Law see Nevada Archives – Schroeder Law Offices, PC

Water Use Efficiency and Conservation in Las Vegas: A Model for Arid Cities

Las Vegas, a city renowned for its vibrant nightlife and extravagant resorts, is also becoming a beacon of water use efficiency and conservation. Nestled in the Mojave Desert, Las Vegas faces unique challenges in managing its water resources. With approximately 90% of its water supply coming from the Colorado River, the city has had to innovate and implement stringent measures to ensure sustainable water use.

The Challenge of Water Scarcity

The Southwest United States, including Las Vegas, has been grappling with prolonged droughts and decreasing water levels in the Colorado River. This situation has necessitated a shift from water abundance to water use efficiency. Las Vegas, with its growing population and tourism industry, has had to adopt aggressive water-saving strategies to meet its needs without exhausting its resources.

Innovative Water Conservation Measures

One of the most notable initiatives is the Southern Nevada Water Authority’s (SNWA) turf removal program. This program incentivizes residents and businesses to replace water-intensive grass with drought-tolerant landscaping. Since its inception, the program has successfully removed approximately 200 million square feet of turf, saving significant amounts of water.

In addition to turf removal, Las Vegas has implemented several other measures:

• Water Restrictions: The city has imposed strict regulations on water use, including limiting pool sizes, restricting personal car washing, and prohibiting the installation of new swamp coolers.
• Leak Detection and Repair: The SNWA has a robust system for detecting and repairing leaks, ensuring that water is not wasted through infrastructure inefficiencies.
• Efficient Fixtures and Appliances: Programs encouraging the use of water-efficient fixtures and appliances in homes and businesses have been highly effective. These upgrades not only save water but also reduce energy consumption and greenhouse gas emissions.

The Impact of Conservation Efforts

The results of these efforts have been impressive. Over the past two decades, Southern Nevada has added about 750,000 residents while reducing its Colorado River water consumption by 31%. This achievement underscores the effectiveness of the city’s water management strategies and serves as a model for other arid regions facing similar challenges.

Creative Solutions for Future Growth

Innovative water conservation strategies are not just about survival; they are key to enabling future growth. Cities that adopt creative solutions such as rainwater harvesting, greywater recycling, and smart irrigation technologies can manage their water resources more efficiently. These methods help cities to sustain their populations and support economic development even in the face of diminishing water supplies.

For instance, rainwater harvesting systems capture and store rainwater for various uses, reducing the demand on municipal water supplies. Greywater recycling systems allow the reuse of water from sinks, showers, and washing machines for non-potable purposes, significantly lowering freshwater demand. Smart irrigation technologies optimize water use in landscaping by adjusting to weather conditions and soil moisture levels, ensuring that green spaces receive the precise amount of water needed.

Conclusion

Las Vegas’ journey towards water efficiency and conservation is a testament to the power of innovative thinking and proactive management. By adopting a comprehensive approach that includes regulatory measures, technological advancements, and community engagement, Las Vegas is not only securing its water future but also setting an example for other cities in arid regions. As climate change continues to impact water availability, the lessons learned from Las Vegas’ experience will be invaluable in shaping sustainable water management practices worldwide.

Creative water conservation strategies will allow cities to grow sustainably, ensuring that they can thrive even as water resources become increasingly scarce. By embracing these innovative solutions, cities can secure their future and continue to prosper.

References

[1] Flowing forward: 5 strategies for cities to become water-wise

[2] Urban Water Conservation Techniques | Green City Times

As the writer at the Federal Reserve Bank commented in his article Are Water Resources Keeping Up with U.S. Economic Needs? – San Francisco Fed water is not something we can transport from a water rich area to a water poor one.  While the research studies cited in the article advise that the United States is not over-all water short, the arable where the United States depends for its fresh fruits and vegetables, are those areas most water short. 

The unstated suggestion of the author is simply that we could move agricultural production to the water rich areas. But the author does not opine on what crops can be grown in the “water rich” areas.  It may be that if indeed we must move crop production to the Midwest where the growing season does not produce 3-5 crops per year of the vegetables that US citizen have come to love from southern California that American’s diets will be require change or that a larger share of individual gross income will be spent on food.

Integrated Water Resources Strategy: Oregon IWRS

IWRS means Oregon’s statewide Integrated Water Resources Strategy. On November 12, 2024, six Oregon departments hosted a public meeting to discuss IWRS priorities for the next five to 7 years. Sponsoring departments included:

• Water Resources Department
• Department of Fish and Wildlife
• Department of Environmental Quality
• Department of Agriculture
• Watershed Enhancement Board
• Department of Land Conservation and Development

Over 50 people attended both online and in person in Salem, including Schroeder Law Offices, to learn what the agencies believed were the most important actions for the state to take related to water quality and quantity concerns.

What IWRS Is

The IWRS is a state-wide initiative for inter-agency communication to understand Oregon’s instream and out-of-stream water needs. Governor Kotek requested a pause on IWRS after the agencies issued the first draft of the priorities since many agencies were transitioning to new directors.

The IWRS has 47 required actions, and the agencies decided to break these actions down into three “buckets”. They are titled 1) Prevent Things from Getting Worse; 2) Optimize: Highest and Best Use; and 3) Help Communities Prepare and Adapt.

The first bucket concerns sustainable practices and limiting and reducing contamination of water resources. The second bucket concerns prioritizing innovative water solutions and data-driven projects for decision-making. The third bucket concerns informing the public of what the “water future” looks like, helping economies adapt to water changes, and increasing volunteer-based incentive programs for target priorities. The public had the opportunity to comment on the agencies’ priorities. They provided questions and feedback as well.

Commenters questioned the lack of enforcement language within the goals from the Department of Environmental Quality, such as in the Lower Umatilla Basin Groundwater Management Area. This area, referred to as the “LUBGWMA,” experiences challenges with nitrate levels in domestic wells that are not connected to a community or municipal system. Commenters also questioned the scale of the projects to ensure the projects could be feasibly implemented in all communities.

Next Draft Coming in January, 2025

The agencies will publish the next draft for the IWRS in January 2025 which will include these priority areas. The public can submit comments to the draft IWRS. If you have interest in these projects or concerns, be sure to submit comments to the agencies for their consideration. After public review and comment, the agencies will present the draft to the Water Resources Commission in March 2025 for a workshop discussion. The agencies expect to provide the Final Draft of the IWRS to Water Resources Commission in late Spring 2025, with a hope of official adoption in June 2025.

Schroeder Law Offices, P.C. legal assistant Melissa Teter, has volunteered at The Growers  Grange, a local farm in Corbett, OR, for the last two growing seasons. The Growers Grange is a small farm run by Bianca and Ethan Nati. Their focus is on preserving their Italian tradition by growing heirloom vegetables and fruit.

In addition to vegetable production for the local community and restaurants, Nati’s utilize 1/8 of an acre for saving seeds of select crops for True Love Seeds and The Italian Garden Projects. Some favorite produce grown by the Nati’s are eggplant, basil, garlic, Anellino beans, a variety of peppers, and of course, tomatoes.

In 2023, Natis added fig trees in collaboration with The Italian Garden Project’s Legacy Fig Collection. They are hoping to offer fruit from these trees in a few years.

While volunteering, Melissa helped harvest, seed, and weed, and even participated in a work share program where in exchange for her work, she received a box of produce. In addition to produce, the farm hosts goats, geese, and chickens, as well as 4 large guard dogs that deter bears and cougars. Mateen, the oldest of the dogs is pictured below.

Melissa’s favorite volunteer activities included trying new fruits and vegetables that she otherwise would not have tried and learning more about farming in Oregon.

Did You Know? Rice Crops in California Use Water Efficiently

California is renowned for its rich agricultural diversity. It produces almonds, avocados, grapes, and pistachios. Having an arid climate the state must use water efficiently.

Did you know California is the second-largest rice producer in the United States? Thanks to their Mediterranean climate—with sparse rain and cool nights— the Sacramento and San Joaquin Valleys are perfect for rice growing. Rice there takes up about 500,000 acres. In particular Sacramento Valley’s clay soil effectively retains moisture, creating optimal growing conditions. The average yield is over four tons of rice per acre. California’s rice industry contributes over $775 million to the state economy.

Rice is grown in paddies

Driving through the Sacramento Valley, you might have seen submerged rice crops, or paddies. Earthen levees. surround the paddies where rice grows. This method not only curtails weed growth but also acts as a natural herbicide.

The precise amount of water used to prevent weed growth is highly important, as water that is too deep may inhibit rice stand establishment, while water that is too shallow may still allow weed seed germination. On average, it takes 370 gallons of water to produce 2.2 pounds of rice, consuming an estimated 34-43% of the world’s irrigation water. Rice crops must use water efficiently!

Tricks for using water efficiently

While rice may use a lot of water, rice farmers have found ways to utilize every drop of water efficiently, allowing the water to flow from one field to the next in the levee system. With separate field channels water is delivered to individual seed beds as needed. The precise time and location of irrigation and prevents runoff. Shallow tillage operations and puddling further help to prevent water loss.

Any remaining standing water percolates and re-charges groundwater and surface water. Hence, when planning new or existing crops, considering your water rights is crucial to comply with statewide water regulations while ensuring you will have enough water to grow your crops.

Shareholder attorney Therese Stix visited Lundberg Family Farms in Richvale, California and learned firsthand about the water use, efficiencies, and delivery means and methods in rice growing operations. She enjoyed the passion the Lundberg Family has for growing rice.

The McCarran Amendment

A current Ninth Circuit Case could upset pre-1952 water rights adjudications in certain circumstances!

Enacted by Congress in 1952, the McCarran Amendment, 43 U.S.C. § 666, waives the United States’ sovereign immunity in state court water rights adjudications. The Amendment acknowledges the power of a state to regulate ownership and use of the waters within its boundaries. This allows the federal government to be joined as a defendant in a suit to determine ownership and priority of water rights from a particular source.

But, what happens in the circumstance where vested water rights were adjudicated before the McCarran Amendment was enacted? If the federal government could have joined state adjudication proceedings in the past, and chose not to, can they still assert reserved water rights to the fully adjudicated water source?

The Challenge

That is precisely the issue that arose in the Nevada federal court case Backer Ranches, Inc. v. Haaland. In Baker Ranches, owners of decreed water rights to Baker and Lehman Creeks sued the United States for interfering with their water rights to the creeks.

The state court adjudication establishing the owner’s water rights to Baker and Lehman Creeks occurred in 1934, before the McCarran Amendment. Because the federal government had sovereign immunity to state court proceedings concerning water rights at the time, the federal government was not a party to the adjudication, though it was informed and provided with updates about the proceedings.

Years later, the federal government allegedly began to divert the flows of the creeks, interfering with the plaintiffs’ decreed water rights and triggering the lawsuit. The federal government moved to dismiss the case, claiming that it had reserved water rights superior to the plaintiffs and that the court lacked subject matter jurisdiction because the federal government was not a party to the 1934 adjudication and had sovereign immunity.

Plaintiffs argued that the McCarran Amendment waived federal sovereign immunity and that the state adjudication should control ownership and use of the water at issue. The court ultimately sided with the federal government, noting that the waiver of sovereign immunity found in the McCarran Act only applied to circumstances where the adjudication of water rights is comprehensive – i.e. when all parties asserting water rights are able to participate in the adjudication.

District Court Findings

The court found that the federal government’s reserved water rights were not part of the 1934 adjudication and that the federal government had not waived its sovereign immunity. Hence, the court dismissed the case, finding that it lacked subject matter jurisdiction. The court’s decision to dismiss the case is currently being appealed to the Ninth Circuit Court of Appeals.

If the court’s decision in Baker Ranches is upheld it has the potential to upset what has been considered settled priorities for water use throughout the arid western United States. If upheld, the federal government will have the ability to assert reserved water rights to a water source that has already been adjudicated in state court if the adjudication occurred before the passage of the McCarran Amendment and the federal government was not a party. In certain circumstances, the result could be as drastic as the complete loss of an individual’s water use.

Schroeder Law Offices is happy to review your circumstances with you.