Water law

Endanger Species Act: Amended Section 7 Consultation Regulations

Water law / By

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

Oregon, Water law / By

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

Oregon, Water law / By

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

Legislation, Washington, Water law / By

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

Nevada, Water law / By

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

Idaho, Water law / By

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

Water law / By

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

Case Law, Water law / By

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

Oregon, Water law / By

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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EPA Reaffirms Clean Water Permits Not Needed for Water Transfers

Water law / By

(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

Water law / By

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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