Water law

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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Fallon Meeting to Address Allocation Reductions

Tired of entities and governments chipping away at your Newlands Project water rights? Schroeder Law Offices will host an informational meeting for water users in the Newlands Project. The meeting will address reduced water allocations pursuant to OCAP regulations governing the Truckee Carson Irrigation District. These reductions may be actionable in court as a breach

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Oregon Legislature looks at Water Right Forfeiture Law

In Senate Bill 424, Oregon considers changes to the water right forfeiture law. Currently a water right in Oregon is subject to forfeiture if the water has not been applied to beneficial use under the certificate once in every five year period. As proposed, this bill sponsored by Senator Girod and Representative Gilliam would allow

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Schroeder Law Offices announces a return to Hermiston!

On Tuesday, January 27th while speaking on hot topics in water at the annual Oregon Water Coalition meeting in Hermiston Oregon, Laura Schroeder, Cortney Duke and Therese Ure announced the Schroeder Law Office new Hermiston Oregon location. Attorney Therese Ure will be making a monthly rotation of up to 10 days a month in the

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Removal-Fill Training

The Oregon Department of State Lands is holding a series of workshops covering the administrative rules pertaining to Removal and Fill permitting. These workshops will be very useful for anyone requiring a Removal-Fill permit within wetlands and waters of Oregon. To see a schedule of the time and place of the workshops please visit http://www.oregon.gov/DSL/docs/removal_fill_rule_hearings_nov2008.pdf

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Endanger Species Act: Amended Section 7 Consultation Regulations

Earlier this month, the U.S. Department of Interior and Commerce published final regulations amending certain aspects of the existing Section 7 consultation regulations under the ESA. The new regulations modify the existing regulations by specifying categories of project-specific actions which do not require consultation with permitting federal agencies. The new regulations are aimed at streamlining

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Statewide Water Roundtable: White Paper

Throughout the fall of 2007, facilitators from Oregon State University, private business and Representative Jackie Dingfelder, Chair of the House Energy and Environmental Committee,  conducted a series of roundtable meetings throughout the State of Oregon to discuss Oregon’s current water needs and priorities with water users and citizens of this state. The stated purpose of these meetings was to

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Reno Center of Northern Nevada Water Issues

Accepting associations and referrals in Oregon, Washington, Idaho and Nevada, Schroeder Law Offices recently opened its new office in Reno, Nevada.  With a population of 250,000, Reno is at the center of water controversies on the Truckee, Carson, and Walker rivers. Each of these desert rivers interestingly terminate at a lake with an associated Indian

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Statewide Water Roundtable: Salem Meeting

This fall, facilitators from Oregon State University, private business and Representative Jackie Dingfelder, Chair of the House Energy and Environmental Committee, have conducted a series of roundtable meetings throughout the State of Oregon to discuss Oregon’s current water situation with water users and citizens of this state. The stated purpose of these meetings has been to idenitify Oregon’s water

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Time to Create Water Management Plans

With food prices at all time highs, agricultural market prices rising, and water rights at a premium, now is the time to plan for the future.  We suggest that water users create and update water management plans with an eye to water rights security, stability, and development.  A water management plan will analyze the current state

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September 1, 2008 Deadline for Reporting Unpermitted Dams to Dept. of Ecology

By Lynn Steyaert and Laura Schroeder As a result of concerns relating to failures of unpermitted dams, the Department of Ecology issued notice that owners of small reservoirs built without permits must report their dams for safety inspections by September 1, 2008 or face possible fines.  Following an inspection, owners may be required to hire

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New Focus for Evaluating Extension Applications

By Lynn Steyaert  At the end of last year, the Nevada Division of Water Resources issued a bulletin to water right professionals notifying them that the Division will be refocusing its review of applications for extension of time for proof of completion of works or extensions of time for proof of beneficial use.  NRS 533.380(3) precludes

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Domestic and Stock Water Claims in Northern Idaho Adjudication

By Laura Schroeder and Lynn Steyaert The commencement hearing for the Northern Idaho Adjudication (NIA) is set for August 28, 2008. The State of Idaho has petitioned the court to approve a process for deferring the adjudication of small domestic and stock water use rights.  If approved, small domestic and stock water users may elect to

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