Water law

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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Helpful Water Conservation Tips

As the weather starts to heat up for the summer and water becomes scarce, many areas are affected by drought.  Fortunately, the average domestic water user can avoid being a passive victim of droughts by conserving water.  Individuals and families that conserve water will reduce their personal expenses and help their community by limiting the impact

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EPA Reaffirms Clean Water Permits Not Needed for Water Transfers

(June, 9th 2008) Today the Environmental Protection Agency (EPA) announced a new rule excluding transfers of water from one body of water to another from the permitting requirements of the National Pollutant Discharge Elimination System (NPDES).  The new rule stipulates that water transfer activities that do not introduce pollutants into transferred water will not be subject to NPDES regulations.  The rule defines

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OWRD Agrees to Address Well Alteration Concerns

The Oregon Water Resources Department (OWRD) committed to initiate a rulemaking to address concerns by well drillers and contractors over potential liability for well alterations under current OWRD policy. OWRD’s historic policy allowed well alterations without automatically requiring that the entire well be brought up to current construction standards.  However, recent Department policy now requires

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Remebering John Keyes

Retired Reclamation Commissioner John Keyes passing is sad news. I first “engaged” Reclamation with John at the helm in the Boise Regional office in 1992 when working for the Teel Irrigation District. We were dealing with issues surrounding “water spreading” then making headlines in the Umatilla Project by Water Watch of Oregon. Over the years,

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TCID Flood Issues: Part 2

The Federal Court made its decision on the jurisdictional question by sending the case back to Lyon County District Court last week. See http://www.kesq.com/Global/story.asp?S=8229832 for more information. Interestingly, many farmers have still not received water that is due to them as insufficient flows continue in the Truckee-Carson Canal. Crops are being stressed and damaged. Many

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State or Federal Jurisdiction over TCID Flood Issues?

In the aftermath of the January 2008 flood after the Truckee-Carson Canal break, many lawsuits have been filed.  These suits have been filed in both state and federal courts in Nevada and present many questions as to which Court holds jurisdiction to hear these issues.  Proper jurisdiction depends on the parties to the lawsuit as

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Water Facilities Permitting in Armenia

Armenia’s current water code requires a water system use permit (WSUP) without exception for any system of facilities. The WSUP is issued by the Public Services Regulatory Commission (PSRC). It has been suggested municipalities and small community water associations that own and operate their own domestic water delivery system should be exempt from the requirement

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