[This article was originally published in the February, 2022 Oregon Real Estate and Land Use Digest by the Section on Real Estate and Land Use, Oregon State Bar] In Oregon, water rights must be beneficially used according to their terms at least once every five years to remain in good standing. If they are not, […]
Oregon Hydroelectric Water Right Converted Instream Read More »
The Oregon Legislature’s short session officially begins today, February 1st. It is anticipated that water users and water managers alike can catch their breaths somewhat during the short session, since not as many water-related bills will be considered. The 2021 regular session was a marathon for those of us closely following or involved in water
Oregon Short Session & Water-Related Bills Read More »
(The below article is reproduced from the January, 2022 issue of Oregon Cattleman, the publication of the Oregon Cattlemen’s Association. For a PDF copy of the article, use this link.) 2021 was a terrible water year in Oregon. We experienced record high temperatures and record low precipitation, after several years of already below-average precipitation, little
The Need for Additional Water Storage Read More »
NDWR launched a survey to gain your perspective and gather input to update the State Water Plan. The Nevada Division of Water Resources wants your input! The survey takes 10-20 minutes and can be found here Nevada State Water Plan Survey (qualtrics.com) According to NDWR, “The updated plan is envisioned to serve as a high-level
Nevada State Water Plan Survey Read More »
Stormwater and Water Delivery: Should I welcome stormwater into my water delivery system? With so much drought, suppliers and golf courses look everywhere for precious water. They need to augment the dwindling water supply. And they look to storm water as a solution. But should they? Sediments, human and animal waste, fertilizers, and street oils
Stormwater and Water Delivery Read More »
How can you remove easements and other adverse interests from real property? Suppose you are buying, selling, or developing real property. A lot about the property can be revealed through due diligence, the preliminary title report, or the deed. Sometimes – hopefully not often– this work can surprise property interests and impact a successful conveyance.
Remove Easements from Real Property Read More »
Wetlands delineation and the Clean Water Act have come into focus again. You may be about to invest in cleaning ditches or drains, or raising or deepening your reservoir or pond. Before you do, participate in this webinar to Laura Schroeder and Therese Ure Stix together with Andrea Rabe of Rabe Consulting will present an
Wetlands Delineation: Canals, Ponds, Drainage Read More »
Schroeder Law Offices’ 2021 VACCINE webinar series is already half over. Lucky for you, all webinars are available on-demand! In case you missed it, be sure to watch the 2021 VACCINE Webinars that already took place: (1) Contracting Out-of-Boundary Water and Wastewater Services; (2) What to do When There Is No Water: Drought
In Case you Missed It: Schroeder Law Office’s 2021 VACCINE Webinar Series Review Read More »
Shareholder Therese Ure Stix recently visited the ancient aqueduct in Segovia, Spain. Built in the first century by the Roman Empire, it carried water over 16 km from La Acebeda to the Alcazar in Segovia. The aqueduct is constructed with 20,400 stone blocks, no cement or mortar! The aqueduct comprises 167 arches in all. At
Aqueduct of Segovia Read More »
Winter storage for use throughout the year may still be a viable option with surface water and hydrologically connected groundwater oftentimes unavailable for new permitting. It could be more important than ever during periods of prolonged drought! Laura Schroeder and Sarah Liljefelt will present a free, hour-long webinar on Tuesday, August 3rd, from noon
Winter Storage for Use All Year Read More »
If you didn’t take our earlier advice or purchased a home where the developer put you on a shared well under an exemption then you are likely having or will have issues. Even if you are related to the other homeowner(s)! And even if you are under an exemption which is allowed in Oregon (15,000
Well Share Agreements Read More »
The Nevada Supreme reversed itself on title to vested water rights on public land. The court’s seven-person panel unanimously agreed that title to vested water rights established for grazing purposes upon public land is determined by priority of possession of the water right. In other words, the water right belongs to whomever can trace its
Nevada Vested Water Rights on Public Land Read More »
Will Nevada establish water conservation programs? The Nevada Division of Water Resources, Office of the State Engineer (“NDWR”) under the direction of Acting State Engineer Adam Sullivan distributed two draft bills to various lobbying entities. One seeks to establish a water bank system while the other considers the creation of water conservation initiatives. As of
Nevada State Engineer Seeks Water Conservation Programs Read More »
Trading Water as a Commodity Unappropriated water has long been considered a public resource. It is subject to private ownership rights and development, to be sure. But the law generally treats water differently compared to commodities like consumer goods or other natural resources like lumber. The UN recognized water’s essential role in the public commons
California’s Water Futures Trading Read More »
Nevada Division of Water Resources (“NDWR”) has drafted proposed water related regulations and the public is encouraged to get involved by attending the upcoming workshops. The draft regulations concerning water use are R169-20 (concerning extensions of time) and R170-20 (concerning Water Right Surveyor licenses). R169-20 This draft regulation proposes, among other things, to
Nevada Water Legislation Workshops are Coming Up! Read More »
The Nevada Division of Water Resources (NDWR) gave notice to extend the deadline for submitting written comment and testimony on Proposed Orders to Designate Hydrographic Basins related to the hearings held October 12- October 26, 2020. Information on the hearings is available at: http://water.nv.gov/hearings.aspx. December 1, 2020 is the new deadline for written testimony, noting
NDWR Extension on Comments and Testimony on Proposed Orders Read More »
The State of the Water Industry Survey In the June 2020 issue of Opflow, the American Water Works Association published a survey of 3,351 water industry professionals. The State of the Water Industry (SOTWI) survey identifies challenges to the water industry and seeks to understand their causes. Several issues regarding water resource management made the
Survey by AWWA Details Challenges Facing the Water Industry Read More »
In a previous blog, we looked into who owns an aquifer: does it belong to private individuals or the public? Under the ad coelum doctrine, the surface owner holds the ground itself – rocks, dirt, and the like – as private property, owned all the way down to the Earth’s core. On the other hand,
Update: Is an Aquifer’s Pore Space Public or Private Property? Read More »
The Nevada Division of Water Resources (NDWR) posted Notices for Hearings for Proposed Orders for hydrographic basins within numerous Nevada Counties. These include: Churchill, Clark, Elko, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Washoe, and White Pine Counties. NDWR scheduled the hears for October 12, 2020 through October 26, 2020. Information on the
NDWR Notices Hearings on Proposed Orders for Hydrographic Basins Read More »
By Therese Ure and Lisa Mae Gage Nevada Division of Water Resources (“NDWR”) submitted draft administrative regulation amendments to the Legislative Council Bureau for this regulation cycle (the proposed amendments can be found at http://water.nv.gov/documents/NDWR_Prop_Admin_Regs-Hearings_EOT_Water_Right_Surveyor_6-8-2020.pdf ). A public workshop concerning the administrative regulation amendments was hosted by NDWR on June 24, 2020 wherein NDWR received
Nevada Division of Water Resources’ Draft Regulation Amendments Read More »
