Water law

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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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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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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USGS Report Focuses on Nation’s Ground Water Supply

The U.S. Geological Survey (USGS) recently released a new report entitled “Ground-Water Availability in the United States.”  The article is written for a broad range of audiences which makes an interesting read for anyone interested in what scientists know (and don’t know) about the nation’s groundwater supply.  In addition, comprehensive maps and diagrams illustrate the

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New Mexico Rules State Engineer Required to Closely Review Applications for Exempt Wells

Recently, a New Mexico court ruled that the State Engineer is required to review all new applications for exempt domestic wells.  Prior to the ruling, those drilling exempt wells were merely required to file for a “permit” that would be automatically approved by the State Engineer.  The recent ruling requires the State Engineer to review

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Irrigation District is Holder of Water Rights Subject to Transfer

Written by Dominic Corollo In early July 2008 the Oregon Supreme Court ruled that the party with an ownership interest in a certificated water right is the party who initiates and completes the statutory steps necessary to acquire the water right and certificate.  It is not necessarily the person who physically puts the water to

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