Water law

Schroeder Law Offices Announces Newly Hired J.D. Paralegal!

Schroeder Law Offices is excited to announce that Jakob Wiley will be joining the firm as a J.D. Paralegal this fall. He plans to later continue with the firm as an Associate Attorney at the Portland location after passage of the July, 2018 Oregon bar examination. He will receive a J.D. from the University of […]

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Your Water Rights Are Valuable, Do You Really Have What You Think You Do?

By Therese Ure and Lisa Mae Gage Many people are familiar with looking up water right information on Nevada Division of Water Resources (“NDWR”) database and are familiar with reading water right applications, permits and certificates. Is that information reliable enough to conclusively show what your water rights are? The answer is no. Several factors

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Study: Willamette Valley Project Reallocation

In November 2017, the United States Army Corps of Engineers (Corps) published the Willamette Basin Review Feasibility Study, Draft Integrated Feasibility Report and Environmental Assessment (Study). The purpose of the Study (which can be viewed in its entirety here) is to evaluate the reallocation of 1,590,000 acre-feet of Willamette Valley Project stored water. The Study

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Alfalfa Farmers Win Jury Trial for Irrigation District’s Failure to Deliver Allocated Water

A jury recently decided in Malheur County Circuit Court Case #16CV32005 that local farmers, Delos & Barbara Lee, were entitled to the lost profits they incurred when Owyhee Irrigation District (“OID”) failed in 2014 to deliver the Lees their entire allocation of water and delivered their 2015 allocation in late July. The jury decided OID

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New Domestic Well Prohibition in the Pahrump Artesian Basin

On December 19, 2017, Nevada State Engineer issued Order No. 1293, prohibiting the drilling of new domestic wells in the Pahrump Artesian Basin. Previously, the State Engineer designated lands in Pahrump Artesian Basin as coming under the provisions of underground water law through Orders 176, 193 and 2051. Prior Orders stated that new applications would

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A New State Engineer Metering Order has Been Issued for Diamond Valley!

The State Engineer issued Order 1292 on December 8, 2017 concerning underground water rights in Diamond Valley Hydrographic Basin, providing strict requirements for installation of meters, submission of records and access to wells without prior notice. Previous Order Nos. 809 and 813 were issued in 1982 and 1983 generally requiring totalizing meters or effective and

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Nursery Operations Use Permits Halted in Oregon Basins

The Oregon Water Resources Department will no longer be issuing water use permits for “nursery operations use” in the Willamette, Sandy, and Goose & Summer Lakes Basins. This decision follows a very long history of the Department’s issuance of nursery operations permits all across the State, including these basins. The Department recently decided to read

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Oregon Ground Water Association’s Fall Convention

Attorney Sarah Liljefelt and Paralegal Tara Jackson attended the Oregon Ground Water Association’s Fall Convention at the end of October. Tara’s team won fourth place in the annual golf tournament, winning machetes as part of their prize package! Tara also won the women’s long drive; way to go, Tara! Sarah presented at the convention on

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NV Supreme Court Issues Opinion Protecting Senior Users

By: Lisa Mae Gage and Therese Ure On September 27, 2017, the Supreme Court of the State of Nevada issued an opinion concluding the longstanding battle between the Nevada State Engineer, Nevada Division of Water Resources and Kobeh Valley Ranch LLC (“KVR”), and Eureka County, Kenneth F. Benson, Diamond Cattle Company, LLC., and Michel and

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Oregon Extensions of Time Receive Increased Scrutiny

Do you remember when extensions of time were approved by the Oregon Water Resources Department routinely with ease? That time was over for municipal water providers years ago (see related article); however, until recently, other permit holders simply faced increasing amounts of application paperwork.  Now, that time may be over for every permit holder. Our

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Conjunctive Management of the Humboldt River Basin and Effects on Small Businesses

The State Engineer held informational meetings on July 17 through July 20, 2017 regarding its Preliminary Draft Humboldt River Conjunctive Management Regulations. The State Engineer is proceeding through administrative rulemaking process to define how Humboldt River Decreed water rights and groundwater rights will be conjunctively managed. If you were unable to attend the informational meetings,

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