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, […]
Remebering John Keyes Read More »
Focusing on the soon to be launched adjudication in north Idaho, water and real estate lawyers gathered in Coeur d”Alene, Idaho May 15 and 16, 2008. As in other McCarran adjudications in which we are involved, issues expected to be included will be federal including Indian, Forest Service and Reclamation issues; instream including hydro, water
Northern Idaho Adjudication Read More »
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
TCID Flood Issues: Part 2 Read More »
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
State or Federal Jurisdiction over TCID Flood Issues? Read More »
Guest post by James Carver I’ve worked for over thirty years in the field of water law in the office of the State Engineer and the Water Resources Department. During those years I served as head of the Water Rights Division and later as Deputy State Engineer under Chris Wheeler. I also presided over administrative
Recollections of A Native Oregonian Read More »
An historic agreement has been reached in a dispute over water in the Rio Grande Project. It has taken 29 years in a process stagnated by several lawsuits to prepare an operating agreement negotiated between the Bureau of Reclamation, Elephant Butte Irrigation District (EBID), and the El Paso County Water Improvement District No. 1. No
Rio Grande Project Agreement Reached Read More »
The government of Armenia is inaugurating a new president on Wednesday, April 9, at 2 in the afternoon. Large crowds are expected in the downtown area in connection with the official events, which will include a military procession through Freedom Square and evening festivities at Republic Square. It is not expected that much dramatic change
Elections and Water Code Revisions Read More »
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
Water Facilities Permitting in Armenia Read More »
In Armenia, domestic water supply and sewer services are supplied either by local municipalities or State owned stock companies. There are five State owned stock companies in Armenia, the State owns 100% of the shares in Armenian Water, Nor Akung and Yerevan. The State owns 51% of the stock in Lori and Shirak while the
“Ownership” of Water Facilities in Armenia Read More »
The final topic of discussion on the OWRC conference call addressed changing start card fees for constructing wells. Start card fees, fees paid along with the notification of new well construction, partially fund the OWRD staff payroll. The fee is currently $125.00. OWRD is concerned that the fee is no longer sufficient to sustain the
OWRD Legislative Concepts: Part 5 Read More »
Personal service means just what it says! On March 28, 2008, in United States v. Alpine Land and Reservoir Co., Judge Lloyd D. George reaffirmed that only those 281 individual water right holders who returned their acknowledgement of service must defend the Pyramid Lake Paiute Tribe’s suit challenging the existence of their water rights. The
Many Newland Farmers See End in Sight Read More »
Like most former soviet countries, Armenia continues to confront law and regulation of its natural resources from the top down. USAID through PA Consulting requested my consulting assistance approximately 16 months ago to assist it in redrafting and de-centralizing the approach to water management. I am currently on my fourth “mission.” Many important laws and
Current Armenian Water Issues Read More »
The next topic in the OWRD legislative concepts discussion is the creation of a water development fund. OWRD discussed updating statutory language found in ORS 541.700-541.855 addressing financial aid to communities constructing water supply projects. OWRC members expressed some concern with this item because it involved project funding. Director Ward suggested that discussion of monitory
OWRD Legislative Concepts: Part 4 Read More »
Good morning! The third part in my series of posts addresses some proposed changes to irrigation district transfer rules. Currently, when an individual transfers the place of use of a water right any supplemental rights must be transferred with it or canceled. However, the statutes controlling irrigation districts do not explicitly allow for transfer of
OWRD Legislative Concepts: Part 3 Read More »
The second topic addressed during the OWRC teleconference was modifying language pertaining to statewide mitigation banks. OWRD wants to modify statutory language to give itself explicit authority to create statewide mitigation banks. These mitigation banks can be used to offset effects of new water supply projects. This proposed statutory change drew a few comments from
OWRD Legislative Concepts: Part 2 Read More »
The Oregon Water Resources Commission (“OWRCâ€) had its monthly conference call on Monday. In attendance were a majority of the OWRC members including: Ray Williams, Jay Rasmussen, Susie L. Smith, Dan Thorndike and Charles Barlow. Oregon Water Resources Department (“OWRDâ€) Director, Phil Ward, and a handful of his staff members were in attendance. Those attending
OWRD Legislative Concepts Read More »
Our work in Armenia involves reviewing contracts between the State and a couple of the largest water purveying companies in the world, Veolia and Suez, which are headquartered in France. Interestingly, we have found that these French companies, through their subsidiaries Veolia Water North America and United Water, also have contracts in Oregon, Washington, and
Northwest Connection to International Water Read More »
In the world of water law, we often receive calls from clients and potential clients that live many miles away from our Portland office, and sometimes hundreds of miles from the nearest major airport. In many cases, a site visit to the client’s land is necessary to get a lay of the land, or a
The many uses of Google Earth Read More »
Yesterday, I had the privilege of teaching a Water Law Bootcamp for Water for Life. Over forty people attended at the Baker County Fairgrounds in Baker City Oregon. Unlike previous presentations, attendees focused their questions primarily on due diligence water rights review in real estate transactions and valuations of water rights when lending on water
Water Rights Bootcamp in Baker City, Oregon Read More »
Armenia’s Presidential election unrest may delay our next mission to assist the government in a review and updating of contracts between the State and the French contractors now purveying water to Yerevan and a few other cities in Armenia. In preparing for this work, Katherine Thomas has found many cities in the West that also
Political Unrest Complicates Armenian Water Delivery Read More »
