The impacts of drought are felt by all, but perhaps none more than those who rely on water for their livelihoods. Amidst predictions of growing drought throughout Oregon, a timely primer on navigating the state’s Emergency Groundwater Use (Drought) Permit process.

Introduction to Oregon Drought Permits

When the well is dry, we know the worth of water. -Benjamin Franklin, Poor Richard’s Almanack

After experiencing the warmest winter in almost a century, Oregonians are bracing for the specter of drought conditions throughout many parts of the state in 2026. In late March of this year, Governor Tina Kotek signed an executive order declaring drought emergencies in three eastern Oregon counties: Baker, Deschutes, and Umatilla. The Governor’s declaration came months over three months earlier than the first similar drought declaration in Baker county in 2025. The last drought emergencies in Deschutes and Umatilla Counties occurred in 2023 and 2021, respectively.

Oregon Water Resources Department (OWRD) has resources available to help mitigate the challenges of drought emergencies. Among them is the water right permitting system for issuing Emergency Groundwater Use Permits, which are commonly referred to as drought permits (herein “Oregon Drought Permits”). This system authorizes the temporary use of groundwater during these declared drought emergencies, with the confines of the legal framework described below.

1. Legal Framework of Oregon Drought Permits

ORS 536.700 et seq. “Emergency Water Shortage Powers”

In Oregon, eligible water rights holders can apply for Emergency Groundwater Use Permits for Drought, established under Oregon Revised Statutes (ORS) 536.700 et seq. These sections codify the legal framework for “Emergency Water Shortage Powers” authorizing temporary flexibility in the regulation of water use during declared drought conditions.

Under ORS 536.740, the Governor may declare that a severe, continuing drought exists within a defined geographic area. Upon such declaration, the Director of Oregon Water Resources Department (OWRD) may authorize emergency water use. ORS 536.750 provides that OWRD may approve temporary use of water to replace water under an existing water right that is made unavailable due to drought. In so doing, OWRD is authorized to impose terms and conditions to protect existing water rights and the public interest.

OAR 690 Division 19 “Drought Mitigation”

Oregon Administrative Rule (OAR) 690, Division 19  “Drought Mitigation” implements ORS 536.700 et seq. The Rule becomes operative only during these extraordinary drought emergencies and only upon such declaration by the Governor. OAR 690-019-0040 governs the permit application requirements, approval process, and additional considerations for Emergency Water Use Permits. 

2. Permit Requirements

Threshold Requirements

To qualify for an emergency groundwater use permit, an applicant must satisfy the threshold criteria set forth in OAR 690-019-0040(2); specifically, that (a) drought conditions have created an inability to obtain water under an existing water right, and (b) the technical and legal description of the proposed use is in a designated drought area.

No Enlargement

Importantly, the proposed use may only function as a replacement for and not an enlargement of an existing water right. ORS 536.750. To this end, OWRD must determine that the proposed use will not injure existing water rights or be either an impairment or detriment to the public interest. ORS 536.750(3).

Conservation and Curtailment Measures

OWRD retains discretion to impose additional requirements on applicants, including that the applicant submit a plan and evidence showing conservation and water use curtailment measures have been taken before use is made of an emergency use permit. OAR 690-019-0040(2)(c).

3. Approval Process for Oregon Drought Permits

Completeness Review

OWRD’s first step is to evaluate whether the application satisfies the application’s threshold requirements above, rejecting or returning incomplete applications. OAR 690-019-0100 proscribes the fees required for application.

Substantive Application Evaluation

During the substantive evaluation of the application, OWRD considers possible injury to existing water rights and public interest considerations, including the factors of OARs 690-310-0120 and 690-310-0130. OWRD also considers the term length and emergency nature of the request.

Public Notice and Comment

Notice of emergency use permits is included in OWRD’s regular public notice process, however, no contested case hearing under ORS 537.170 et seq. is required. OAR 690-019-0040(4)(a); ORS 537.170 (not applicable). 

OWRD considers all public comments that the agency receives concerning the actual or proposed use under the emergency use permit. The agency continues to consider such comments throughout the entire life of the permit. OAR 690-019-0040(4)(b).

Decision and Issuance

If approved, OWRD issues the emergency use permit to the water user. By rule, OWRD is authorized to regulate the use of water under an emergency use permit at any time in accordance with the terms and conditions of the permit. OAR 690-019-0040(4)(c).

4. Additional Considerations

Mandatory Permit Conditions for Oregon Drought Permits

All emergency permits must include certain special terms and conditions. 

• First, as above, water use under emergency permits must not constitute enlargement or otherwise injure existing water rights. Therefore, emergency permits are considered subordinate to all “prior water right permits, certificates, decreed rights, scenic waterway flows and minimum stream flows.” OAR 690-019-0400(5)(a).
• All emergency use permits are also time bound to not exceed one year or the term of the declared drought. OAR 690-019-0085(5)(b)&(d). 
• Additionally, all such permits are required to impose rate, volume, and season limitations to not exceed the underlying water use right or extend the historical season of use. OAR 690-019-0040(5).
• Finally, OWRD is authorized to revoke the emergency use permit if injury to another water right occurs after issuance, unless the agency determines that the water user has sufficiently mitigated their injury. OAR 690-019-0040(5)(e). 

Additional Requirements for State Agencies or Political Subdivisions

State agencies and political subdivisions that apply for emergency use permits are also required to either submit a water conservation or curtailment plan for approval by OWRD, or, when so directed by the Governor, implement a plan that has already been approved. OAR 690-019-0040(6)-(7). 

Temporary and Conditional Nature

Oregon Drought Permits are strictly temporary and establish no permanent water rights. Accordingly, water use under these permits remains subject to regulation and curtailment by OWRD at any time. ORS 536.750; OAR 690-019-0040(4)(c). Permit renewals are governed by OAR 690-019-0085.

Conclusion

Oregon Drought Permits (Emergency Groundwater Use Permits) are special, narrow authorizations designed to provide temporary relief to existing water right holders in Oregon who experience the effects of declared drought emergencies. A successful application must establish the connection between the inability to obtain water under existing water right(s) to the emergency drought conditions. It must also provide the proposed use under the permit sought, while accepting OWRD’s terms and conditions on the use to avoid injury and protect the public interest. 

Authorities

ORS 536.700 et seq.

https://www.oregonlegislature.gov/bills_laws/ors/ors536.html

OAR 690 Division 19

https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=3144

Additional References

OWRD Public Declaration Status Report

https://apps.wrd.state.or.us/apps/wr/wr_drought/declaration_status_report.aspx

https://katu.com/news/local/oregon-now-85-in-drought-washington-65-with-hotter-and-drier-spring-forecast-hood-weather-low-snow-pack-timberline-lodge

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Northern Nevada has experienced a significant economic boom in recent years, driven by the growth of technology companies, manufacturing facilities, logistics hubs, and expanding residential developments. As these communities grow, concerns about long term water availability have become increasingly urgent. This article explores how ongoing development is intersecting with the region’s water systems and what current reports suggest for the future.

1. A Region Defined by Limited and Variable Water Resources

Water in Northern Nevada is heavily dependent on mountain snowpack, especially from the Sierra Nevada and connected basins. Early 2025 assessments showed above normal snowpack levels—in some northern basins as high as 164% of median—which offered short term optimism for water availability. Additionally, water year precipitation across much of Northern Nevada measured between 108% and 129% of median levels.

However, this stability is fragile. A December 2025 drought status update reported that despite a relatively wet start to Water Year 2026, long term drought still persisted in parts of central and southern Nevada. This ongoing volatility underscores the region’s vulnerability: a single dry season can quickly offset several productive years.

2. Development Pressures Across the Region

Reno–Sparks, Fernley, and the Tahoe-Reno Industrial Center (TRIC) continue to expand rapidly. These fast-growing areas increase demands on both surface and groundwater supplies.

The Nevada State Water Plan progress update emphasizes the importance of accurately assessing statewide water use and projecting future demands. The plan outlines the need to evaluate challenges arising from growing development and increased strain on water resources. This aligns with the fact that burgeoning industries, data centers, advanced manufacturing, and distribution facilities consume considerable water.

At the same time, several basins crucial to Northern Nevada’s water supply, such as the Carson, Upper Humboldt, Snake, and Clover basins, have shown below normal soil moisture levels in recent measurements. Lower soil moisture reduces natural groundwater recharge, an essential buffer for communities relying on aquifers.

3. Snowpack Variability and Climate Uncertainty

Because much of Nevada’s water originates from winter snowfall, climate shifts pose a serious challenge. Forecasts from statewide Water Supply Outlook Reports show that streamflow projections can vary significantly due to uncertainties in weather patterns, snowfall levels, and model limitations.

Recent winters have brought warmer storms, leading to more rainfall and less lower elevation snow accumulation. While mountain snowpacks remain healthy, the decline in valley level snowfall limits natural water retention.
For a region dependent on spring runoff, this change raises long term concerns, especially as development accelerates.

4. Persistent Drought Challenges

Despite temporary improvements, drought continues to shape Nevada’s water outlook. Late 2025 assessments showed that although drought conditions improved in many areas, long term drought still persisted across central and southern Nevada. This presents increasing challenges for water managers attempting to serve:

• Expanding residential neighborhoods
• Growing industrial water demands
• Agricultural users
• Environmental and ecological requirements

As development continues during persistent drought cycles, the pressure on water allocation strategies increases significantly.

5. Statewide Water Planning Efforts

Nevada’s water agencies are preparing for the future through updates to the Nevada State Water Plan. The ongoing 2023–2025 update process includes:

• Assessing climate impacts on water supplies
• Estimating current and future statewide water demands
• Evaluating water resource challenges emerging from population and economic growth
• Developing recommendations for long?term water management

The plan acknowledges the need to consider water quantity alongside climate driven changes in availability. These steps will be crucial as Northern Nevada faces the intersection of rapid development and uncertain water supply conditions.

6. Conclusion: Balancing Growth and Sustainability

Northern Nevada’s growth offers economic opportunity but also challenges the region’s most limited resource: water. While recent data shows positive trends in snowpack and precipitation, long term drought and significant year to year variability remain defining features of the region.

Sustainable planning, informed policymaking, and responsible development will be essential for ensuring that Northern Nevada can continue to thrive without compromising its water future. As cities, businesses, and state agencies collaborate on solutions, Northern Nevada stands at a critical balancing point: maintaining economic momentum while preserving long term water security.

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Foodscaping – A New Trend!

With spring just around the corner, many homeowners are starting to plan what flowers to plant to welcome the season. This year, try “foodscaping.” It’s a smart, space-saving approach that lets even those with limited outdoor space grow edible plants alongside ornamentals.

 Foodscaping blends vegetables, fruits, herbs, and edible shrubs with traditional flowers and foliage. It’s ideal for renters or anyone without room for a dedicated vegetable plot who still wants to start a home garden. Whether you have a large backyard, a modest suburban lot, or a few pots on a patio, spring is the perfect time to mix the beauty flowers with the practicality of home-grown fruits and vegetables.

If you are just beginning some easier plants to start with are:

• Potatoes are simple to grow, especially in containers, and come in red, purple, brown and yellow.
• Garlic can be stuck along the edges of flower beds as it takes up little room and animals avoid it.
• Lettuces comes in many colors and textures, making them beautiful fillers for empty pockets in the garden.

Nevada residents with a warmer climate may consider:

• Figs & Mulberries that are low?maintenance fruit trees that handle heat well.
• Sunshine Blueberries that add some color to a pot or garden and are heat resistant.
• Rosemary and Lavender are drought?tolerant, deer?resistant, and ideal for borders.

Those with very little space but still wanting to add some edible beauty to their homes or windowsills could use:

• Basil, sage, oregano, or bay laurel can be put in smaller pots in indirect sunlight so that they may thrive.
• Hanging baskets are perfect for strawberries, trailing herbs, and dwarf tomatoes. They can add some color to a balcony or porch.

Those with a little more room and wanting to try ‘foodscaping’ could plant:

• Olive trees, pomegranates, or shrubby edibles such as blackberries, raspberries, or elderberries in their yard for vibrant color and harvests that trim your grocery bill.
• Instead of installing outdoor art, try training apples, pears, or fig trees flat against a fence or wall (espalier) so the colorful fruit ripens right in time for outdoor living.

Foodscaping can be as simple as a few pots on the patio or as extensive as replacing all your flowers with fruits, vegetables, and herbs. It adapts to your lifestyle and abilities, making it a fun way to beautify your space while shortening your grocery list.

Hoard, Emily. Foodscaping Incorporates Edibles into Ornamental Landscapes. Oregon Association of Nurseries., 2025 https://diggermagazine.com/foodscaping-incorporates-edibles-into-ornamental-landscapes/

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An Act to Approve a New Pipeline Through Sloan Canyon in the Las Vegas Area!

Southern Nevada is one of the driest places in the country. And it is experiencing significant growth in population.

Residents and businesses in areas like Henderson and Las Vegas receive 40 percent of their drinking water from a single pipeline. It is known as the South Valley Lateral. The South Valley Lateral was completed in the 1990s. It was not built with today’s population in mind. There will be trouble if the South Valley Lateral pipeline experiences an outage or requires repairs. Many residents, businesses and tourists can find themselves in a bad predicament with no water.

On February 26, 2026 the U.S. Senate passed the Sloan Canyon Conservation and Lateral Pipeline Act (also known as Bill H.R. 972) with no amendment, and by unanimous consent. The bill will expand the boundaries of the Sloan Canyon National Conservation Area in Clark County, Nevada. It will grant Southern Nevada Water Authority (SNWA) rights-of-way for construction of an underground water pipeline.

The proposed 40-mile pipeline will move up to 375 million gallons of water per day to communities in Henderson and South Las Vegas. The construction of this new pipeline will strengthen the region’s access to water. It will be there in case the South Valley Lateral pipeline experiences a disruption.

Additionally, the bill will expand the Sloan Canyon National Conservation Area by adding 9,290 acres to protect the local desert landscape and wildlife.

You can track the Bill’s status by going to H.R.972 – 119th Congress (2025-2026): Sloan Canyon Conservation and Lateral Pipeline Act | Congress.gov | Library of Congress

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Record low snow accumulation and warm temperatures in Western river basins raise concern about water supply in the Western U.S.[1]. The future of the Colorado River Basin, one of the most contested water resources in the nation, impacts over 5 million acres of agricultural land and drinking water for a population of over 40 million. It also affects economic stability for major municipalities including Las Vegas. [2] These are all affected by drought and the “Law of the River”.

Spanning water use by seven “Basin States” including southern Nevada, the Basin provides a life source to those states and Tribal Nations. It even crosses the international border into Mexico. This valuable water source has been subject to a multitude of legal disputes for over a century. It additionally faced a critical deadline this past Friday, February 14, 2026. There is much concern about Drought and the Law of the River. The concern is not new according to an earlier article on this site.

Understanding the “Law of the River”

Without a working agreement between the many parties who rely upon it, the future of the Colorado River Basin water supply is increasingly threatened for agricultural, domestic, and municipal users alike. As the threat increases, understanding the tools for water use agreements between states becomes ever more important. So, what really dictates access to water?

Interstate water compacts are negotiated agreements among states (think of the domestic equivalent of international treaties) endorsed by the U.S. Supreme Court as an alternative to litigation. [3]

The Colorado River Compact represents one of the first “successful” interstate water dispute negotiations. It equitably apportions use of the Colorado River between the Upper and Lower Basin states. Nevada, one of the Lower Basin states and the driest state in the country, relies heavily on this apportionment. The compact is still in effect today over a century after its ratification.[4]

Equitable apportionment is a resolution tool specifically designed for disputes between states. When interstate water disputes arise, the Court invokes equitable apportionment principles to distribute water between the parties in line with the water laws of the contending states. 

The “Law of the River” includes a series of legal documents: compacts including the Colorado River Compact of 1922, supreme court decisions, federally recognized Tribal reserved water rights, and the 1944 international treaty with Mexico.[5] Together, these treaties, compacts, and decrees govern the allocation of the Colorado River Basin waters. The multitude of users who rely on it each year are governed by these rules.

Drought Contingency Plan

The 2019 Agreement, also known as the Upper Basin and Lower Basin Drought Contingency Plans (DCP) is a more recent addition to address drought and the Law of the River. The DCP is the culmination of negotiations between the seven Basin States facing a 19-year drought.[6] In the DCP, the Basin States voluntarily agreed to reduce water use to avoid regulation by the federal government and hold the Upper Basin States accountable. This theoretically leaves enough water downstream for the Lower Basin States even in years of drought. This type of cooperation is a necessary sacrifice in the face of warmer, drier years ahead and sets a precedent for conservation of the vital water supply. However, the current allocation agreement is at risk due to failure of the Basin States to come to an updated compromise that meets the modern needs of the Basin.

Changes in snow, rain, and temperature distribution as well as increasing pressure on water supply threaten the continued functionality of the current Basin water allocations. The original allocations cannot sustain the current demand. Use already exceeds the current river flows. [7]

The Current Status of Drought and the Law of the River.

Increasingly at odds across the Upper and Lower Basins, the seven states governed by the terms of the Colorado Compact have yet again missed a deadline set by the Secretary of the Interior to properly manage the river water. While Lower Basin users are offering to reduce their allocation, the Upper Basin claims that the Lower Basin States are seeking water that “simply does not exist. This has led to the current impasse.[8]

Failure by the Basin States to reach a deal by February 14, 2026, has resulted in the Secretary of the Interior, the watermaster under the Colorado Compact, taking over negotiations and compelling the states to agree on a compromise plan. The Bureau of Reclamation announced last week that the Department of the Interior will progress with finalizing “operating guidelines” for the Basin by October of this year. This ends a multi-years long process to find adequate alternatives to the current agreement and hopefully avoiding expensive litigation.[9]

Monitoring What is Next

As this (dis)agreement progresses, it is important to stay informed about where your water comes from and who really has a right to it. Sustainable management highly depends on water users knowing and protecting their rights, playing an active role in water use agreements, and speaking up about local policymaking that will aid the longevity of one of the most important water supplies in the West. Only by working together will the future of the Colorado River Basin be stabilized.

[1] https://www.drought.gov/drought-status-updates/snow-drought-current-conditions-and-impacts-west-2026-01-08

[2] https://www.reuters.com/legal/litigation/western-states-miss-deadline-colorado-river-water-rights-2026-02-14/

[3] Legal Control of Water Resources by Barton H. Thompson, Jr.  

[4] https://www.unr.edu/nevada-climate-office/about-our-climate

[5] https://www.usbr.gov/lc/region/pao/lawofrvr.html

[6] https://www.usbr.gov/ColoradoRiverBasin/dcp/index.html

[7] https://www.nytimes.com/2019/03/19/climate/colorado-river-water.html

[8] https://www.reuters.com/legal/litigation/western-states-miss-deadline-colorado-river-water-rights-2026-02-14/

[9] https://www.usbr.gov/newsroom/news-release/5283

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Idaho Water Management Challenges Take Center Stage at IWUA’s 89th Annual Convention

The 89th Annual Convention of the Idaho Water Users Association (IWUA) brought more than 200 water leaders to Boise January 21–22, 2026. There were two days of policy updates, technical briefings, and forward-looking discussions about the most pressing Idaho water management challenges.

This year, Schroeder Law Offices’ founder, Laura Schroeder, was elected to the IWUA Education Committee, representing the Associate Membership. One of the committee’s key responsibilities is providing support for Headgate, Idaho’s respected water leadership academy. The program equips future leaders of water delivery organizations with the practical tools, relationship?building strategies, and leadership skills needed to navigate an increasingly complex water landscape.

Key Updates in Idaho Water Policy and Supply

Conference attendees heard updates from:

• Idaho Department of Water Resources (IDWR)
• Idaho Water Resource Board (IWRB)
• U.S. Bureau of Reclamation (BOR)
• Federal water policy leaders, including representatives from the Family Farm Alliance (FFA) and the National Water Resources Association (NWRA)

Despite an unusual weather pattern this year, the water supply outlook for southeastern and central Idaho reservoirs remains positive. According to reports from the U.S. Department of Agriculture and the BOR, rainfall—rather than snowpack—is supporting reservoir levels, though the situation could shift depending on February and March storms. Southwestern Idaho’s outlook is less optimistic, though some basins benefit from 2024–2025 carryover storage.

The Shift from Groundwater to Recharge: A Full-Circle Policy Moment

Laura attended breakout sessions exploring:

• The role of basin studies in future water management
• Recharge coupled with irrigation efficiency
• Groundwater challenges in the Upper Snake region

One compelling theme emerged: Idaho, much like Oregon, Washington, and Nevada, is reevaluating decades of policy that encouraged a shift from surface water to groundwater use.

Modern, highly efficient irrigation methods—such as pivot and drip systems—reduce incidental recharge to aquifers. As a result, current policy now promotes:

• Aquifer recharge through “leaky” canals
• Managed recharge ponds fed by surface water
• Limitations on groundwater pumping

One water user observed that today’s groundwater levels are approaching natural, pre?irrigation conditions—levels that rose dramatically during earlier eras of flood irrigation and began to fall again as irrigation technology improved. The policy goal now is not a return to natural historical levels, but rather to the artificially elevated aquifer levels that existed during the height of flood?irrigation practices.

This shift is both fascinating and instructive for practitioners and stakeholders navigating Idaho water management challenges and the broader Western water landscape.

Looking Ahead: Laura to Speak at Oregon Women for Agriculture Conference

Laura’s next stop will be the Annual Statewide Conference for Oregon Women for Agriculture on March 6 in Forest Grove. She will speak on current issues in Western water law and ongoing trends affecting water users across multiple states. Conference information is available at: https://www.owaonline.org

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EPA and Army Propose Update to the Definition of WOTUS

On November 17, 2025, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Department of the Army (“the agencies”) released a proposed rule that updates the definition of “Waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). The proposal aims to bring the regulations into compliance with the U.S. Supreme Court’s decision in Sackett v. EPA, 598 U.S. 651, 143 S. Ct. 1322 (2023).

This article summarizes the proposed changes and why they matter for landowners, developers, and regulated entities. For additional background, readers may want to explore earlier WOTUS analysis on this website, including discussions of the Sackett decision and the history of the “significant nexus” test.

Why the Agencies Are Updating the Definition of WOTUS

Before Sackett, agencies used the “significant nexus” test to determine federal jurisdiction. Under that test, waters could fall under the CWA if—alone or combined with similar waters—they significantly affected the integrity of traditionally navigable waters. This standard came from Rapanos v. United States, 547 U.S. 715, 719, 126 S. Ct. 2208, 2214 (2006) (Kennedy, J., concurring).

The Supreme Court rejected the significant nexus test in Sackett. The Court held that the CWA covers only those wetlands with a continuous surface connection to waters that are themselves WOTUS. The connection must make the wetlands “indistinguishable” from those waters. Sackett, 598 U.S. at 684.

To follow Sackett, the agencies now propose several key regulatory revisions.

Key Proposed Changes

1. New Definition of “Relatively Permanent”

The prior regulations used the phrase “relatively permanent” but did not define it. The proposed rule defines it as:

• Standing or continuously flowing bodies of surface water
• That exist year-round or at least during the wet season

This means seasonal waters can still qualify as WOTUS if they persist during the wet season.

2. Clarified Definition of “Continuous Surface Connection”

The agencies propose that a continuous surface connection exists when waters:

• Have surface water at least during the wet season, and
• Abut (touch) a jurisdictional water

The proposal emphasizes that the water body must directly touch the jurisdictional water. Any land feature between them breaks the surface connection.

3. Other Important Term Updates

The proposed rule also revises several additional terms:

Removal of “Intrastate”

• The term “intrastate” would be removed.
• This makes clear that a water body is not WOTUS solely because it crosses state lines if it does not otherwise meet the criteria.

Revised Exclusion for “Ditches”

• Only ditches constructed or excavated entirely on dry land qualify for exclusion from WOTUS.
  
  

Updated Exclusion for “Prior Converted Cropland”

• The agencies clarify when abandonment of prior converted cropland may allow reclassification as a wetland.
  
  

Expanded Definition of “Waste Treatment Systems”

• The proposal further explains which waste treatment systems fall outside the definition of WOTUS.
  
  

Purpose of the Proposed Changes

These revisions aim to help States, Tribes, and private parties understand which water bodies fall under the CWA after Sackett. Clearer definitions allow landowners and regulators to make informed land?use and water?use decisions with greater confidence.

What Happens Next?

The proposed rule has been submitted for publication in the Federal Register. A 45-day public comment period will begin once publication occurs. A final rule will be released after the agencies review and consider submitted comments.

Litigation over WOTUS is expected to continue, and this rulemaking will likely be part of that ongoing legal landscape.

For further context, readers can review other WOTUS?related analyses on water-law.com, which discuss both the long regulatory history leading to Sackett and the challenges that continue to shape federal jurisdiction over water resources.

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The City of Portland’s Big Pipe Project was a major effort to reduce the amount of pollution entering the Willamette River and the Columbia Slough. This project cost about $1.4 billion and took 20 years to finish. Thanks to this work, Portland has reduced combined sewer overflows (CSOs) by 94% into the Willamette and 99% into the Columbia Slough.

Even with these improvements, a few overflow events still happen during very heavy storms.

Why Stormwater Was a Problem Before the Big Pipe

Portland has a combined sewer system in many areas. That means sewage and stormwater flow through the same pipes. When big rainstorms hit, millions of gallons of stormwater rush into the system at once. Before the Big Pipe Project, this caused sewage and pollutants to overflow directly into local rivers many times each year.

To reduce this problem, the City first worked to keep stormwater out of the sewer system whenever possible. Beginning in 1991, Portland:

• Built new stormwater-only pipes
• Redirected small streams into the Willamette River
• Captured runoff from streets and buildings
• Sent stormwater to Ramsey Lake, a constructed wetland that helps clean the water
• Increased the use of trees, gardens, and other green spaces to absorb rain naturally

All these steps helped lower the amount of water entering the sewer pipes and reduced the chance of overflows.

How Portland’s Big Pipes Work

Portland now has three major “Big Pipes”:

• Columbia Slough
• West Side
• East Side

Together they stretch 12.5 miles and carry combined sewage to the Columbia Boulevard Wastewater Treatment Plant. These pipes store and move huge volumes of water during storms so the treatment plant isn’t overwhelmed.

This system has greatly reduced the amount of untreated wastewater that reaches the Willamette River and the Columbia Slough.

However, during extreme weather—like the December 9, 2025 ‘atmospheric river’ storm, which dropped more than five inches of rain—the system can still reach capacity. When that happens, overflows may release polluted water into the river. The good news is that Portland now sees only about four overflow events per year, compared to around fifty before the Big Pipe Project was completed.

Conclusion

The Big Pipe Project was a huge, long-term effort involving city agencies, engineers, and the people of Portland. Since its completion in 2011, it has made the city’s rivers much cleaner and safer. While occasional overflows still occur during major storms, the combination of stormwater diversion, green infrastructure, and increased pipe capacity has made a major positive impact on local water quality.

Stay tuned to Schroeder Law Offices’ blog for more updates on water issues in the Pacific Northwest!

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Whether their interests lie on the ski slopes, in agricultural fields, or both, Nevadans “in the know” closely watch the snow forecast over the winter. Tracking Nevada snowpack in the various mountain ranges is not only indicative of the quality of winter recreation. It provides a forecast for the next irrigation season among Nevada Farmers. It can help provide insights on how full the various reservoir lakes will be come spring.

 Nevada is the driest state in the Nation, with annual precipitation averaging only 10.3 inches per year. As such, snow build up in the Sierras, Carson Range, Ruby Mountains and the countless other state mountain ranges is one of the primary driving forces for surface water recharge. Nevada’s lakes, rivers, and streams are heavily fed by spring run off as snowpack begins to melt in April and May. 

However, not all snow-enthusiasts are aware of the various publicly available resources to better understanding how snowpack is measuring up throughout the season.  Luckily, public forecasting and monitoring tools far exceed the weekly weather forecast and the meteorologist on the local five-o-clock news.

USDA Nevada Snowpack and Stream Forecast Tools

The United States Department of Agriculture (“USDA”) publishes a suite of “Nevada Snow Survey Products” online. These include various reports and maps of daily conditions. An interactive mapping tool can lead to the same information. The primarily information displayed in these various tools compares the current amount of snowpack to the median snowpack experienced historically on the same day.  For example, value in the Lake Tahoe regions of 40% indicates the current snowpack in that region is 40% of the median (middle) amount of snowpack historically experienced. In other words, the snowpack is low compared to historical snowpack.

NOAA Drought Tools

The National Oceanic Atmospheric Administration (“NOAA”) is another federal agency that provides public information related to Nevada snowpack.  NOAA’s reporting is primarily related to drought conditions. However, as snowpack plays a key role in drought conditions throughout the year, the agency publishes information on its website related to “Snow Drought” conditions. Information provided by NOAA is also categorized by region. Nevada’s drought information is available along with conditions in California. Information on NOAA reporting is arguable more user friendly. The agency provides percentages as well as categorization of current conditions ranging from “abnormally dry” to “exceptional drought.”

Conclusion

These are just some of the tools available to stay informed about current snowpack conditions in Nevada’s mountain.  As the season continues, those who are interested can track snowpack accumulation. Other information related to water availability is available through

• updates from the United States Bureau of Reclamation,
• local irrigation companies and dam/reservoir managers,
• and spring/summer related drought tools.

Together, all of these tools can help irrigators plan for their upcoming water year. They help anticipate the water that will be available for crop production.

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At Schroeder Law Offices, P.C., many of us enjoy volunteering and giving back to our communities.  Whether it is providing feedback on water policy to various public outreach efforts in the state, or supporting industries that are near and dear to our heart like agriculture and education, we find that volunteering is transformative, builds a culture of gratitude, and assist each of us in expanding our knowledge in support of personal and professional growth.  Unfortunately, volunteerism is on the decline and is negatively impacting many communities and non-profits that support our communities. https://www.forbes.com/councils/forbesnonprofitcouncil/2024/12/02/the-hidden-cost-of-declining-volunteerism/ At Schroeder Law Offices, P.C., we encourage our employees to volunteer some time each year to support programs and communities they care about.

Volunteering Activities

Among other things, I am currently volunteering as the president of the U.S. Committee on Irrigation and Drainage (USCID). Here professionals come together to discuss research, innovations, technology and projects related to farming. (Did I mention I grew up on a farm!?) I am the chairperson of the Nevada Heritage Foundation whose mission is to support agriculture education in Nevada. And I’m a member of the  Northern Nevada Air Pollution Control Hearing Board.  

USCID

Coming in at the top this year, I am the current president for the USCID www.uscid.org.  USCID is a nonprofit professional society dedicated to all things irrigation and drainage from planning and design, to construction and operations. Being a president of this organization is rewarding. I have met people from around the USA and other countries who come together to share research and project implementation from around the world. Discussing practical implications of projects and the ins and outs of running irrigation and drainage districts runs an entire spectrum of subject matters and it has definitely broadened my horizons.

Nevada Heritage Foundation

I was recently appointed as chairperson for the Nevada Heritage Foundation. https://www.nvfb.org/about/programs/nevada-heritage-foundation. At NHF, volunteers support agriculture in the future of Nevada through education.  Each year we post and award up to three scholarships to support Nevada’s youth as they pursue careers in agriculture.  As a nonprofit, we also provide assistance to other Nevada youth and young adults seeking agricultural educational opportunities. 

Air Pollution Control Board

On the Air Pollution Control Hearing Board https://www.nnph.org/about-us/board-committees/air-pollution-control-hearing-board/index.php we hold hearings on appeals of permit denial, suspension, revocation, notices of violation, or disagreements with permit conditions or amendments.  While I am new to this board, it is a fun and unique opportunity to learn about an area of law (other than water), and support the northern Nevada community.

So, what do you do to volunteer and give back? Consider some of the rewards that giving back may add to yourself and others:

Where Can YOU Volunteer?

• Enhance Responsible Use & Community Impact: Volunteers are pivotal in responsible use of our water resources and shaping strong legal frameworks. In environmental contexts, volunteers help shape water sustainability for generations to come, help improve water delivery and monitoring technology, supporting water treatment and reuse technology and infrastructure, and help those producers who are feeding the world.  

• Grow Professionally & Personally: Volunteering develops practical skills: leadership, communication, policy writing, stakeholder engagement, even workshop facilitation.

• Connect with Experts & Peers: Volunteer engagement places you at the heart of a vibrant community—from scientists to policy advocates—making connections that extend beyond service. Though volunteering, I have met many people who have become my life-long friends.

• Drive Real, Sustainable Change: Volunteer-driven, policy review, and legal analysis all help ensure water governance is based on solid information and principles. Whether assessing water quantity or quality, identifying regulatory gaps, or drafting recommendations, volunteer work directly influences future outcomes.

Volunteering means applying your talents while gaining professional growth and personal fulfillment — while communities get stronger.  Consider joining us at Schroeder Law Offices and finding an organization you are passionate about that needs volunteers!

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Lake Tahoe Community College welcomes community members to get a tree permit from the Tahoe Regional Planning Agency and participate in the holiday tradition of cutting your own holiday tree. This event not only lets you bring home a festive tree but also supports the restoration of Trout Creek meadow by removing pine trees that have started to encroach on the area. These trees are taking water from the meadow’s soil, which can disrupt the local ecosystem. By carefully removing them, we help preserve the meadow and encourage native plants to flourish.

How to Get Your Tree Permit

• Visit the LTCC library, where a tent will be set up for permit distribution
• Sign a release of liability form
• Collect your permit and follow the provided guidelines

Important Safety Information 

• Tree cutting comes with certain risks
• Permit holders must agree not to hold Lake Tahoe Community College responsible for any injuries or damages during the event

Tree Cutting Guidelines

• No vehicles allowed beyond designated parking areas; use marked trails
• Trees may only be cut from the flat meadow within marked boundaries
• Only hand tools are permitted (chainsaws are not allowed)
• Cut only what you can carry
• Trim stumps as close to the ground as possible to prevent hazards

Event Details 

When: Saturday, December 6th, 2025, 9 am to 2 pm (weather permitting)
Where: Lake Tahoe Community College: Roberta Mason Library – 1 College Drive, South Lake Tahoe, California
Purpose: Help restore the meadow, protect Lake Tahoe’s clarity, improve water availability, support biodiversity, and reduce wildfire risk
What to bring: Dress warmly, wear sturdy shoes, and bring hand tools for tree cutting

Make sure to follow Schroeder Law Offices’ blog for more upcoming community events, updates to agricultural and water-related issues, and more!

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Background

The Blue Water Footprint measures how much freshwater is taken from rivers, lakes, reservoirs, and underground aquifers for human use. It is different from green water, which refers to rainwater stored in the soil, and grey water, which represents used or other water requiring treatment. The blue water footprint focuses specifically on withdrawals of surface and groundwater, the type of water most industries, farms, and communities depend on every day. Understanding this measurement helps us understand how much we rely on freshwater reserves.

Industries That Contribute to the Blue Water Footprint

Several industries play a significant role in blue water use. For example: agriculture  irrigation to grow crops in both dry and moderate climates supporting food sustainability throughout the world; manufacturing, especially textiles, paper production, and food processing; and,  energy generation, including thermoelectric power plants, for cooling. These examples show how interconnected our economy and daily life is reliant on freshwater resources.

Sustainability and Reducing the Blue Water Footprint

Reducing the blue water footprint is a crucial part of sustainable water management. All users are turning to and implementing more efficient water use systems where applicable, and taking strides in technology to reduce water use, implement green and grey water use, and become better stewards of the natural resource.

Conclusion – Why the Blue Water Footprint Matters

Freshwater is a limited resource and when we use it faster than it can naturally replenish, the impacts can be serious. Rivers can dry up, aquifers can be permanently depleted, and ecosystems can suffer. Understanding and managing our blue water footprint helps ensure that water remains available for communities, ecosystems, and industries. It is a way to protect agricultural productivity, safeguard the environment, and build resilience in an ever-changing climate.

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On October 20, 2025, the Supreme Court of the United States (“SCOTUS”) denied review of the “corner crossing case” legally known as Iron Bar Holdings v. Cape, et al..  As discussed in previously in these pages the case arose in the Federal District Court for the District of Wyoming between a large ranch owner, Iron Bar Holdings, and five hunters.  After Iron Bar was unsuccessful in pursuing criminal charges against the hunters in Wyoming state court, the ranch sought damages under multiple theories, including civil trespass, in federal court.

Background

The activities given rise to the case included the hunters’ use of land-locked public land owned by the Bureau of Land Management to hunt elk.  The hunters pursued elk across checkerboarded public land, crossing where the corners of the federal land met, i.e. “corner crossing.” The other landowner on the checkerboard, Iron Bar, posted and fenced off its private parcels, effectively blocking access to public land via connected corners.  The hunters circumvented Iron Bar’s efforts by using an a-frame ladder with bases placed on adjoining public land to climb over Iron Bar’s infrastructure without making physical contact with Iron Bar’s private land.

Iron Bar sued for trespass of the “air space” over its private land, claiming such access to the land-locked public land diminished the value of its private property to the tune of millions of dollars.  Of note, Iron Bar’s operations include guided private hunts that access the elk-rich public land adjoining its private property. Iron Bar historically attempted to bar other hunters from using the public land, including the hunters subject to the law suit.

Court Decisions

The Wyoming Federal District Court ruled in favor of the hunters. The Court found the federal Unlawful Inclosures Act prohibited Iron Bar from limiting access and use of public land, finding its efforts constituted an enclosure of public land. The District Court further found the hunters’ access through Iron Bar’s air space was not a trespass absent damage to Iron Bar’s physical property.

The Tenth Circuit Court of appeal upheld the District court order. (More on its holding here).  Iron Bar subsequently appealed the case to SCOTUS on July 16, 2025.  Iron Bar’s position was supported by multiple amicus briefs requesting SCOTUS review in order to overturn the Tenth Circuit Opinion—these included Wyoming Stock Growers Association, Wyoming Wool Growers Associated, and Montana Stock Growers Association.  While the hunters opposed the Supreme Court review, interest groups that supported the hunters were likewise interested in SCOTUS review to issue a ruling on corner-crossing that would clarify this legally “grey” area across all public land in the U.S.

Implications of Denying the Corner Crossing Review

Regardless of the amici and public interest, SCOTUS denied the corner crossing review.  As such, the Tenth Circuit Court of Appeals opinion on corner crossing of public lands stands.  Notably, public land access is a concern in other appellate jurisdictions, including the Ninth Circuit.[1] Absent a SCOTUS ruling, the corner crossing litigation is not binding on those jurisdictions outside of the 10^th Circuit. However, it will likely be the basis of strong persuasive precedence on how corner crossing should be addressed throughout the West.

[1] The Ninth Circuit encompasses, but is not limited to Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon, and Washington.

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As we head into the final months of 2025, meteorologists are forecasting a strong likelihood of La Niña conditions developing across the Pacific Ocean. According to NOAA, there’s a 71% chance La Niña will form between October and December, and a 54% chance it will persist through February 2026.

This climate pattern could bring significant weather shifts to the western U.S., especially in Oregon and Nevada—two states where water resources, agriculture, and winter recreation are closely tied to seasonal climate trends.

What Is La Niña?

La Niña is part of the El Niño-Southern Oscillation (ENSO) cycle. It occurs when sea surface temperatures in the central and eastern Pacific Ocean cool, disrupting global weather patterns. In the U.S., La Niña typically leads to:

• Cooler, wetter conditions in the Pacific Northwest
• Warmer, drier conditions in the southern U.S.
• Increased storm activity and variable precipitation

Impacts on Oregon

Oregon is expected to see classic La Niña effects, including:

• Above-average rainfall and snowfall: This could lead to flooding risks in vulnerable areas and improved snowpack in the Cascades.
• Cooler winter temperatures: Residents should prepare for colder-than-usual conditions, which may affect heating demand and transportation.
• Boost for winter recreation: Ski resorts and outdoor tourism may benefit from strong snow seasons, helping local economies.

Impacts on Nevada

Nevada’s response to La Niña is more complex due to its diverse geography:

• Southern Nevada: Likely to experience drier conditions, increasing drought concerns and stressing water supplies.
• Northern Nevada: May see slightly wetter weather, which could help ease drought but also bring localized flooding.
• Temperature variability: Expect cooler conditions in the north, especially at higher elevations, and warmer-than-average temperatures in the south.

What Businesses and Communities Should Watch

• Water resource planning: Snowpack and reservoir levels will be critical for both states.
• Agricultural impacts: Farmers should prepare for potential extremes—either excess moisture or prolonged dryness.
• Emergency preparedness: Flooding in Oregon and drought in Nevada may require proactive planning from local agencies.

Final Thoughts

La Niña is a natural climate cycle, but its effects can be far-reaching. For Oregon and Nevada, the coming winter could bring both challenges and opportunities. Staying informed and prepared will be key for communities, businesses, and policymakers alike.

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How a water lawyer thinks about using water on a sailboat…..

Using water aboard a sailboat demands thoughtful stewardship. It’s not just for the crew’s comfort, but as a microcosm of the larger challenges in water law and rights. On deck, with a fill port labeled “WATER” and a hose snaking in, the process may appear simple. Yet, beneath this simplicity lies a world of complexity that water lawyers know all too well—ownership, allocation, purity, conservation, and compliance.

Water’s Legal Status at Sea

Aboard a yacht, water transforms from a public right into a private trust. While most marinas offer potable water at docks, the legal status shifts once transferred. That water—whether flowing from municipal sources or filtered from brackish harbors—becomes the responsibility of the vessel owner. It becomes subject to health regulations and port rules. International voyages may bring further complexity, as treaties and port-state controls dictate the right to access and use freshwater, sometimes limiting refills due to scarcity or fees.

Allocation and Conservation

Through a legal lens, the onboard water tank is a miniature “rights system.” Each crew member’s access depends not just on physical plumbing, but implicit agreements about rationing. In water law, this is reminiscent of riparian rights: those on board each have access, but only to their fair share. Waste or overuse could deny others their legal and practical right. Many sailboat owners have procedures—written or oral—reflecting the sort of allocation systems ingrained in water law, promoting fairness and sustainability.

Purity, Pollution, and Liability

A major concern for lawyers is liability. The water fill on a sailboat (as shown in the image) must be safeguarded against contamination. Cross-threaded hoses, un sanitized tanks, and improper backflow devices are all red flags. Should illness arise from tainted water, liability could trace back to negligent handling or substandard marina supplies. Maritime law intersects with local public health statutes, imposing a duty of care. Proper labeling, regular tank cleaning, and adherence to best practices are as much about legal risk management as practicality.

Compliance with Port & Environmental Regulations

A sailboat’s water use is rarely free from legal oversight. Many ports require records of water usage, proof of non-contaminating practices, or the installation of anti-backflow equipment. Disposal of any black or grey water must comply strictly with the International Convention for the Prevention of Pollution from Ships (MARPOL), and violations can result in steep fines. A water lawyer’s advice here: always check the specific rules for water handling, especially when crossing regional or national boundaries.

Closing Thoughts

Water aboard a sailboat is a study in compact, portable law. From allocation to purity, risk to compliance, its stewardship is both essential and intricate—reminding all who go to sea that the right to water, though often taken for granted, is a privilege governed by rules as deep as the ocean itself.

Perhaps the final thought is that when you take Laura Schroeder on a sailboat, as Scott her husband did last month in the San Juan Islands, you will now have an idea of what pops into her head!

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Nevada Water, through the University of Nevada at Reno, is a network comprised of many organizations statewide. They have the common goal of bringing water education to everyone from students to leaders. Nevada is the driest state in the country. The population is growing fast so that changes in our communities both big and small are happening every day to accommodate the growing state.

City and rural areas often see water issues differently. Nevada Water’s goal focusses on encouraging discussion and collaboration rather than immediate law and policy change. Bringing a trusted network of organizations together to discuss and solve the state’s diverse challenges, including water scarcity, for long term solutions the benefits all the state’s residents.

One approach the organization utilizes is Transformative Science-with-Society (TSS). This approach allows for multi-perspective discussion that encourages local knowledge, traditional wisdom, and science to work together at every step. Members regularly check in and adjust plans to build trust and make sure everyone is involved. This allows everyone to learn from each other and identify what changes need to be made to move toward a sustainable water future. By tracking progress, and consistently re-evaluating successes and failures from all parts of the state we can see which strategies work best for Nevada’s water challenges.

For more information, please visit the Nevada Water website. You may also see Nevada Water in the news today:

• No return to normal: Low mountain snowpack reflects the West’s grim climate outlook
• UNR leads collaborative effort to address water issues
• Gloomy water supply outlook in Nevada prompts new collaborative effort
• UNR leading project to address urban, rural water issues

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Celebrating 20 Years and a New Beginning: Tara Lomacz Begins Her Law School Journey

A Milestone Worth Celebrating

This month marks a major milestone for Tara Lomacz (née Tara Jackson). She is celebrating 20 years with Schroeder Law Offices, PC. Tara began her career as an administrative assistant and grew into the role of senior paralegal. Now, she is taking a bold step forward—starting law school.

A Dream Years in the Making

Tara has spent nearly two years preparing for this moment. She recently enrolled in Vermont Law and Graduate School’s Hybrid JD program. This ABA-accredited program allows her to continue working half-time at Schroeder Law Offices while attending classes and completing coursework in the afternoons and evenings.

The program blends online learning with short in-person residencies. It’s designed for professionals who want to earn a law degree without leaving their careers or communities.

Rooted in Justice and Fairness

Tara’s journey toward law school began long before her application. Even as a child, she had a strong sense of fairness. She was known for insisting on equal treatment among her siblings. That passion led her to mock trial in high school and political theory in college.

After graduating from Willamette University, Tara followed her father’s advice and joined a law office to see if legal practice was the right fit. It was. Her work at Schroeder Law Offices confirmed her calling.

A Deep Connection to Agriculture and Water Law

At Schroeder, Tara discovered a new world—agriculture and rural water rights. She learned about the challenges faced by farmers and small communities. Over time, she became deeply involved in organizations like Oregon Women for Agriculture and the Oregon Groundwater Association.

Her work has included securing water rights for farms, helping communities navigate infrastructure issues, and supporting legal efforts that protect access to natural resources.

Balancing Work, School, and Family

Transitioning to part-time work is bittersweet for Tara. Her identity is closely tied to her role at Schroeder Law Offices. Stepping back is difficult, but necessary.

She is also a mother to a vibrant three-year-old daughter. Motherhood has taught her the importance of boundaries and balance. Law school will challenge her to protect her time and energy—for her studies, her family, and herself.

A Lesson for Her Daughter

Tara’s decision to pursue law school is inspired by her daughter. She wants to show that growth and change are always possible. Her goal is to model resilience and lifelong learning.

She hopes her journey from paralegal to attorney will teach her daughter that it’s never too late to chase a dream.

Support from Schroeder Law Offices

Tara is grateful for the support she’s received from Schroeder Law Offices. The firm is providing financial assistance and continued encouragement. She plans to return as an attorney after completing her degree.

Her legal education will strengthen her ability to serve the firm’s clients and expand her impact in water and agricultural law.

Looking Ahead

Vermont Law and Graduate School offers specializations in water resources and food and agricultural law. These areas align perfectly with Tara’s experience and passion.

She believes that access to legal representation is vital for preserving rural communities. As an attorney, she plans to continue offering affordable, specialized legal services to those who need them most.

A New Chapter Begins

Tara Lomacz’s story is one of growth, purpose, and courage. As she begins law school, she carries with her the lessons of the past 20 years and the excitement of what lies ahead.

Her journey is a powerful reminder that it’s never too late to evolve, learn, and pursue a dream.

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Nevada Passes Two New Bills Combatting Water Scarcity Throughout the State

In June, 2025, Nevada’s Governor, Joe Lombardo, signed two new bills creating a voluntary Water Rights retirement Program. These are Assembly Bill 104 (A.B. 104) and Senate Bill 36 (S.B. 36). As a result, the Nevada Voluntary Water Rights Retirement Program was officially established. A program like this was previously successful in Diamond Valley and along the Humboldt River corridor in 2024. The program allows for water right holders to voluntarily sell their groundwater rights back to the State. Once purchased, the State Engineer will permanently retire the rights and remove them from future use and reappropriation. The program will assist the State in managing groundwater resources to ensure people are not over pumping aquifers.

Nevada’s Drought

According to the National Integrated Drought Information System, approximately 59 percent of Nevada is in a drought, while the other 41 percent is “abnormally dry”. Drought conditions pose significant challenges to the environment and its inhabitants. Additionally, persistent drought conditions can impact accessibility to clean water used for drinking, cooking and sanitation. In most cases, droughts also devastate crops and limit water availability to cattle, impacting the cost and accessibility to food. It is no surprise that the state’s lawmakers are taking action in finding ways to conserve water throughout the state.

Nevada continues to be the driest state in the country, and groundwater is quickly diminishing. The Nevada Voluntary Water Rights Retirement Program can be crucial in conserving water throughout the state for years to come. To view more information about the new bills and their funding, please visit the Nevada Legislature website and links listed below:

• Assembly Bill 1014 (A.B. 104) – AB104 Overview
• Senate Bill 36 (S.B. 36) – SB36 Text

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Schroeder Law Offices proudly announces the promotion of Caitlin Skulan to Partner—a milestone that marks her six years of exceptional dedication, legal acumen, and leadership in the field of water law. Caitlin’s journey from a passionate law school graduate to a respected attorney and now Partner is a testament to her unwavering commitment to the firm’s mission and the communities it serves.

A Foundation Rooted in Water and Rural Life

Caitlin’s story begins in Northern Wisconsin, where she grew up on the shores of Lake Superior in a community deeply connected to agriculture and natural resources. Her early experiences on her family’s small farm and in the surrounding rural landscape instilled a lifelong appreciation for water and the people who depend on it. This passion led her to Northland College, where in 2016 she earned a Bachelor of Science in Natural Resource Science, graduating cum laude and receiving multiple scholarships for her academic excellence and environmental leadership.

Her undergraduate studies focused heavily on water sciences—hydrology, limnology, ichthyology, and wetland ecosystems—laying the groundwork for a career that would bridge science, law, and advocacy.

A Legal Career Built on Purpose

After moving to Oregon to attend law school at Northwestern School of Law at Lewis & Clark College, Caitlin Skulan began her legal journey by engaging with water quality issues in agricultural contexts. She worked with the Washington Farm Bureau Attorneys and later at The Freshwater Trust in Portland, where she helped secure funding for cooperative agricultural water conservation projects. These efforts aimed to modernize irrigation systems, improve water use efficiency, and enhance fish habitats—all while minimizing costs for farmers.

In 2019, Caitlin earned her Juris Doctorate and Certificate in Natural Resource and Environmental Law from the Northwestern School of Law at Lewis & Clark College. Her academic achievements included leadership roles in the Student Bar Association and the Public Interest Law Project, as well as recognition through the Dean’s Scholarship and the DuBoff Jones Endowed Scholarship.

Joining Schroeder Law Offices

Caitlin Skulan joined Schroeder Law Offices in August 2019, immediately bringing her expertise and enthusiasm to the Reno, Nevada office. Her decision to work in a boutique firm aligned with her desire for a close-knit, supportive environment where she could make a meaningful impact. Over the years, Caitlin has become a cornerstone of the firm’s water law practice, handling complex matters across agricultural, municipal, and irrigation district water use permitting, groundwater interference, public lands, and litigation.

She is admitted to practice in Nevada, Idaho, the Federal District Courts of both states, and the Ninth Circuit Court of Appeals—an impressive credential list that reflects her broad legal reach and capability.

A Voice in the Water Law Community

Beyond her casework, Caitlin has contributed extensively to Schroeder Law Offices’ blog and public education efforts. Her writing spans topics such as corner crossing legal disputes, water quality regulations, rural homeownership challenges, and youth agricultural programs. Her ability to translate complex legal issues into accessible insights has made her a trusted voice in the water law community.

Caitlin has also led webinars and legislative updates, sharing her knowledge with water system operators and stakeholders across the region. Her work consistently reflects a deep understanding of the intersection between law, environment, and rural livelihoods.

A Life of Balance and Curiosity

Outside the office, Caitlin Skulan lives on a small farm where she enjoys gardening, cooking, and spending time with her family and dogs. Her love for travel is matched by her curiosity about global agricultural practices—whether visiting lemon orchards on the Amalfi Coast, vineyards in Tuscany, or regenerative farms in Hawaii. These experiences enrich her perspective and reinforce her commitment to sustainable resource management.

Looking Ahead

As Caitlin steps into her new role as Partner, Schroeder Law Offices celebrates not only her professional achievements but also the values she embodies: integrity, empathy, and a relentless pursuit of excellence. Her promotion is a reflection of her leadership, her contributions to the firm’s growth, and her impact on clients and colleagues alike.

Congratulations, Caitlin Skulan, on this well-deserved recognition. We look forward to the continued evolution of your career and the many ways you will shape the future of water law.

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On July 16, 2025, Iron Bar Holdings, LLC petitioned the United States Supreme Court for review of the “Corner Crossing Case.” The Corner Crossing Case is a federal case arising out of the Federal District of Wyoming. It is primed to set precedent on public land use in the West.

History of the Case

The Corner Crossing case arose from several incidents in 2020 and 2021. Four hunters were pursuing deer and elk on Bureau of Land Management (“BLM”) land in southeast Wyoming.  The BLM parcels were checkerboard with private land belonging to Iron Bar Holdings, LLC (“Iron Bar”).  Iron Bar is a Wyoming based ranching operation that also provides hunting services across private and public land. It sought to exclude other hunters from using BLM parcels landlocked between its private property.  Iron Bar posted the corners of its private land making it impossible to “corner cross” the adjacent BLM parcels.

Having had prior disagreements with Iron Bar in 2021, the hunters brought an a-framed ladder to navigate over the posted private corners.  The hunters placed the bases of the ladder on BLM corners. The ladder crossed the airspace over the corners without touching Iron Bar’s private land.  Iron Bar sought criminal charges in State Court for trespassing.  The State of Wyoming found the hunters not guilty of criminal trespass. Then Iron Bar sued in federal civil court for trespass. They claimed millions of dollars in damages based 10-25% devaluation of its private property due to loss of exclusive access to public land hunting.

District and Appellate Court Holdings

Iron Bar lost its case before the Federal District of Wyoming. In its 32-page decision, the District Court ruled strongly in favor of the hunters. The court held that an individual “possess a reasonable way of passage over the unenclosed track of land without being guilty of trespass”. It found that trespass of airspace required proof of damages to the property or proof of interference in the use of the private property.  Neither occurred to Iron Bar’s private land. Iron Bar appealed to the Tenth Circuit Court of Appeals.

The Hunters were similarly successful before the appellate court. In its decision, the 10^th Circuit agreed with the District Court and further applied the Unlawful Inclosures [CS1] Act of 1885 (“UIA”). The purpose of the UIA was to “prevent absorption and ownership of vast tracts of public domain”. Originally the UIA was primarily to control cattle barons. 43 U.S.C. § 1061 et seq.  The appellate court unanimously determined the same standard applied to Iron Bar’s attempts to absorb public land adjacent to its private holdings. 

Supreme Court Petition

Iron Bar had 90 days from entry of the Appellate Court’s decision to file a Petition for Write of Certiorari, requesting the Supreme Court review the case.  On May 21, 2025, Iron Bar applied for an extension of time to file the Petition. The extension was granted until July 16, 2025.  Iron Bar requested an additional extension of July 3, 2025, that was denied.

In July of 2025, a Petition for Writ of Certiorari [CS2] purportedly drafted by Iron Bar began circulating through blog posts.  However, the Petion does not currently appear on the Supreme Court’s website listing proceedings in Iron Bar’s Case (Docket 24A1136).

The Petition frames the following question for the Supreme Court’s review:

Whether the Unlawful Inclosures Act implicitly preempts private landowner’s state-law property right to exclude in an area covering millions of acres of land throughout the West.

The Petition argues it should be granted for two reasons. 

• First, Iron Bar argued it contravenes Supreme Court precedence.  Iron Bar states the Tenth Circuit’s opinion violates Leo Sheep Co. v. United States, 440 U.s. 668, 679 (1979).  In Leo Sheep, the Supreme Court held that the United States could not create public access via constructing a road across two checkerboarded public land sections without exercising its power of eminent domain across adjacent private parcels.  Iron Bar also argues the UIA does not implicitly preempt state trespass claims The Tenth Circuit’s decision effects a taking of Iron Bar’s private property by allowing others an easement to the airspace above it.

• Second, Iron Bar argues that Corner Crossing presents a question of profound legal and practical importance.  This law firm agrees.  There are vast expanses of checkerboarded public and private land throughout the West.  Much of this land is used in conjunction with private land for cattle grazing.  Clarity on when and how checkerboarded public land may be accessed by recreators may have a widespread impact on the management of property holdings, ranching operations, and grazing allotments in the West.

Conclusion

Whether the United States Supreme Court will accept the Corner Crossing Case is still undetermined.  However, you can track progress of the case on its docket and review the list of SCOTUS cases to see if the Supreme Court will accept the case. You can also check back here for future updates.

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