Martindale-Hubbell Rating

Rated A-V by Martindale-Hubbell. “An AV Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.”

Education

• B.A., University of Oregon, 1972
• J.D., Northwestern School of Law, 1987

Admission to Court

• Oregon State Bar 1987
• Idaho State Bar 1988
• Nevada State Bar 1988
• Washington State Bar 1995
• United States District Court for Idaho 1988
• United States District Court for Oregon 1989
• United States District Court for Nevada 1990
• United States Court of Appeals for the Ninth Circuit 1998
• United States District Court of the Western District of Washington 1999
• United States District Court of the Eastern District of Washington 2000

Legal Experience

1991 to the present

Schroeder Law Offices, PC — Portland, OR; Reno, NV; Boise, ID; Battleground, WA

Solo practice including three associates and three paralegals emphasizing water rights transactions and litigation in support of the potable water supply and food production including:

• Water right title searches including assignments, ownership filings, and assisting in changing legal water use to meet changing water demands.
• Preparation and support of water use, transfer, district transfer, reservoir use, and instream transfer applications including representation in administrative proceedings before state agencies;
• Drafting for and disputes regarding property transactions, easements, licenses, water use sales and leases, water delivery and sharing, operation and maintenance and other contracts;
• Support of individual and special districts in contract negotiations including temporary and permanent contracts with the United States Bureau of Reclamation (BOR) for water rights, leases, safety of dams and title transfers; preparation of Freedom of Information act requests; preparation and filing of RRA forms, water conservation plans, NEPA compliance including cultural resources, and ESA issues;
• Support for public and private water associations including formation, bylaws, rules and regulations, inclusion and exclusion of lands, Public Records and Freedom of Information Act requests, public meeting requirements, voting, elections, labor, employee/employer relationships, employee handbooks, public purchasing, etc.;
• Preparation and support of Corps permits associated with water use by individuals and public or private water associations;
• Preparation of drainage contracts and litigation concerning drainage, runoff, subsidence, and tort recovery for damages;
• Related areas including appellate work, land use, formation and support of corporations, partnerships, LLC, and nonprofit organizations; contract and lease preparation and enforcement; estate planning and probate

1988 to 1991

Associate:  Bullivant, Houser, Bailey, Pendergrass & Hoffman,,Portland, OR

1983 to 1986

Clerk:  Schroeder, Hutchens & Sullivan-Vale, OR

1985 to 1986

Clerk:  Cooney, Crew & Whitol-Portland, OR

1986

Intern/Natural Resources:  Regional Solicitor-Portland, OR

1982-1983

Litigation Paralegal:  Schroeder & Hutchens-Vale, OR

Related Experience

1972-1988

Partner-Farm Business

Owned and operated family row crop farm in Nyssa, OR.  Supervised up to 50 employees, managed water rights, real estate transactions, worker’s compensation, unemployment insurance, and financing.

1978-1984

Faith Lutheran Preschool-Founder, Director, Teacher-Nyssa, OR

Developed concept and organized preschool education center that served up to 60 students and employed 6 teaching staff.

1978-1982

Ore-Ida Foods-Quality Control Supervisor

Supervised 3 laboratories and 15 technicians performing quality control for food processing operation.  Began as line worker, promoted to supervisor after competitive assessment process.

1980-1981

County Land Use Committee

Designed plan for rural housing following State goals.

Activities

• Portland City Club, Energy & Environmental Committee, 1989-90.
• OSB Lawyer’s Assistance Executive Committee, Secretary 1989-90; Chair 1990-91.
• WSB Lawyer’s Assistance Program Committee, 1999-present; States subcommittee, 2000; Marketing Subcommittee, 2000-2001; Chair, 2002 – present; CLE Committee 2003 to present; development chair.
• OSB BOG Ad Hoc Committee on Lawyer’s Assistance 1989-90.
• OSB Natural Resource Section Executive Committee, Committee on Bridging the Gap 1989-90; Committee on Legislation 1989 to 1991; Executive Committee 1990 to 1993; Technical Seminar: Groundwater, Chair 1991; Technical Seminar:  Risk Assessment, Chair 1992.
• OSB/Multnomah Co. Professional Responsibility Committee 1992-94.
• OSB Agricultural Law Section Executive Committee, Secretary 1997-98; CLE subcommittee Chair 1998-99; Chair 1999-2000; past chair 2000-2001.
• Lutheran Family Service Board of Directors, Chr. Personnel 1989-90; Vice Chairman and Chair Elect 1990-91;  and Chair 1991-93.
• Bethlehem Lutheran Church Council 2003 to 2004; Chair 2004.
• Lutheran Family Service Foundation Board of Trustees, 1999-2001.
• Multnomah County Bar, Community Law Week, Courthouse Tour Committee 1989; Booth Subcommittee Chair 1990.
• Lutheran Homes and Hospitals Board of Trustees 1990 to 1993; Search Committee Chair 1991;  Vice President 1991-92.
• Oregon Law Related Education Mock Trial Judge 1990.
• Judge in Northwestern School of Law Mock Appellate Oral Argument Competition, 1992.
• Consultant in Northwestern School of Law Job Interview Practicum, Fall 1996-2000.
• Advisor to Agricultural Law Society, Northwestern School of Law.
• Mentor to law students at Northwestern School of Law, 1996-present.
• First Year Student Receptions for Northwestern School of Law, 1998-present.
• 2004 International Environmental Moot Court Competition, Grader.
• USCID 2006 Annual Conference Committee, 2004-present.
• Western Resources Legal Clinic charter formation committee, 2003 to present.
• Oregon Water Utilities, Water Resources Committee, 2003 to present.
• Oregon Women Lawyer’s Leadership Conference Committee, May, 2004.
• Vale Union High School Class of 1969 Reunion Planning Committee, 1974, 2004, 2009.

Papers

“Ethics in Mass Tort Litigation,” ABA National Institute Seminar, San Francisco, California, December 1989.

“When the Oil Spills, Who Pays?  Who Defends?,” Oregon Association of Defense Counsel Seminar Environmental Pollution Litigation, Portland, Oregon, November 1989.

“DEQ Site Discovery Rules,” Oregon State Bar Natural Resource Section Newsletter, Winter 1991.

“1991 OSB Legislative Update: Environmental and Natural Resource Law,”  1991 OSB Legislative Notebook, October 1991.

Irrigation District Handbook, 1994

Western Water Law Policy and Review, Editor 1999-2000 including articles:

• “Ninth Circuit Denies Petition for Review of Bonneville Power Administration Record of Decision Regarding Power Systems Operations,” June, 1999.
• “Negotiated Water Rights Settlement for Agricultural Project Draws Protests from Environmental Groups,” July, 1999.
• “Regulators Urge Cancellations of Water Rights No Longer in Use,” August, 1999.
• “Water Right Transfers in Oregon,” September, 1999.
• “Ninth Circuit Rules in Favor of the Bureau of Reclamation: Irrigators Cannot Sue as Third Party Beneficiaries to Federal Dam Operation Contract and ESA Responsibilities Can Alter Pre-ESA  Reclamation Contracts,” October, 1999.
• “The Endangered Species Act’s Consultation Requirements,” November, 1999.
• “Managing Developed Surface Water in Urban Growth Boundaries,” December, 1999.
• “Federal Court Exercises Jurisdiction Over Enforcement Proceedings Involving Water Rights Adjudicated Pursuant to Nevada’s Statutory Water Law,” January, 2000.

“Transactional Due Diligence: Oregon,” American Bar Association, Section on Environment, Energy, and Resources , 19th Annual Water Law Conference, San Diego, California, February 14-16, 2001

“Law of Easements in Oregon,” June, 2004.

“Water Law in Oregon: Extensions, Amendments and Transfers,” May, 2004.

“Environment, Energy and Resource Law: Year in Review,” Water Resources Editor for Oregon, American Bar Association, 1999 to present.

Oregon State Bar Administrative Law Deskbook Editor, “Agency Orders in Other Than Contested Cases,” 2001, 2004.

“Cancellation and Forfeiture of Water Rights,” Oregon Cattlemen’s Beef Producer, July/August 2004.

“Use it or Lose It: Water Rights and Water Issues in Oregon,” In Good Tilth, August 15, 2004.

 

Speaking

“Preventing Environmental Losses for Municipalities,” Municipal Liability Seminars, Spring 1990.

“Water Quality, Water Quantity: The Reluctant Marriage,” Northwestern School of Law, Lewis and Clark Law School, February 1991.

“Environmental and Natural Resource Legislative Update,”  Oregon State Bar Convention, October 1991.

“The Changing Emphasis of the United States Bureau of Reclamation and Its Effect on Private Water Rights,”  Nevada State Cattlemen’s Association Annual Meeting, November 1993.

“What Oregon Water Users Need to Know About Oregon Water Law,”  Umatilla County Farm-City Fair, November 1993.

“Water Rights:  Appropriation or Politically Appropriate,” Oregon Water Coalition Seminars, January 1994.

“Retaining Private Property Interests in Water,” Western States Symposium on Private Property Rights, Interests and Entitlements, May 28, 1994.

“Water Right Transfers,” Annual Oregon Water Law Seminar, October 1994.

“Water Right Transfers,” Law Seminars International, November 1994.

“Forum Discussion on Natural Resources in the West,” Union County Cattlemen’s Association Annual Meeting, November 5, 1994.

“1995 Water Legislation,” Oregon Water Resources Congress Legislative Workshop, September, 1995.

“1995 Legislative Changes to Water Statutes,” Oregon Water Coalition/Hermiston Chamber of Commerce Joint Seminar, August, 1995.

“Federal and State Conflicts in Water Control,” Moderator for Panel Discussion, Oregon State University Institute, Fall 1995.

“Oregon Water Law,” Guest Lecturer for Graduate Policy Seminar on Natural Resource Issues, Oregon State University, Fall 1995.

“Tribal Self Governance Act,” Oregon Water Resources Congress Legislative Seminar, September 15, 1995.

“Evolution and Current status of Oregon Water Law” for the Fall 1995 Seminar Series sponsored by the Oregon Water Resources Research Institute “Water and Agriculture: Costs, Benefits and Tradeoffs” on Tuesday October 3, 1995.

“Significant Changes in Water Right Transfers,” Annual Oregon Water Law Seminar, CLE International, November 1995.

“Water Right Transfers: New Legislation and BOR Issues,”  Law Seminars International, November 1995.

“Moderator for Panel on Dam Safety Issues,” Oregon Water Resources Congress Annual Meeting, December 1995.

“Agricultural Use of Water,” Northwestern School of Law Natural Resource Symposium, Spring, 1996.

“Initial Considerations for Solo Practice,” Northwestern School of Law Symposium, Fall 1996.

“Fundamentals of Water Law for Farmers,” Umatilla County Farm Fair, Winter 1996.

“Easements” Oregon Water Resources Congress Annual Meeting, December 1996.

Oregon Water Coalition Annual Meeting, “New Thought: Bureau of Reclamation,” Winter 1997.

“Setting Irrigation District Board Policy” Idaho Water Users Association Annual Meeting, Winter 1997.

Columbia River Symposium, Video Panel for Evangelical Lutheran Church in America, 1999.

“Irrigation District Procedures and Policies,” September, 1999.

National Business Institute, “Fundamentals of Water Law,” 2000; 2001; 2002; 2003.

“Water Shaping Within the Context of an Instream Right” Union County Cattleman’s Association, Fall, 2000

“Advanced Easement Protection for Irrigation Districts” Oregon Water Resources Congress, Annual Meeting, December, 2000

“Water Law Fundamentals” Northwestern School of Law CLE Series, Fall – Winter 2000.

“Instream Rights: Legal or Illegal?” Oregon Cattleman’s Association Annual Meeting, Winter, 2000.

“Transactional Due Diligence in Water Rights Transactions,” Moderator and Oregon Speaker, American Bar Association, Section on Environment, Energy, and Resources , 19th Annual Water Law Conference, San Diego, California, February 14-16, 2001.

“Groundwater Studies in the Klamath Basin and Implications,” Oregon Groundwater Association Fall Meeting, 2001.

“Listening at the Movies,” Washington State Bar Association Annual LAP Conference, 2003

“Water Law Basics: Hydrologic Connection Transfers and Well Sharing Agreements,” Oregon Groundwater Association Annual Meeting, 2003.

“Injury in Oregon Water Rights Transfers,” Panel Member, Oregon Water Resources Congress Annual Meeting, December 2003.

“Law of Easements in Oregon,” Lorman Educational Services, Portland, Oregon, 2001; 2002; 2003; 2004

“Water Law in Oregon: Extensions, Amendments and Transfers,” Lorman Educational Services, Portland, Oregon, May 2004

“Transfer Protests in Contested Case,” Oregon Water Law Conference, The Seminar Group, Portland, Oregon, November 2004

Nevada Groundwater Seminar, Lorman Educational Services, Reno, Nevada, January 2005

“Legislative Developments in Oregon,” Oregon Water Coalition Annual Meeting, January 2005

“Current Policy Debates: Who Owns the Water Right,” Lorman Education al Services, Salem, Oregon, March 2005

“Law Firm Leadership,” Moderator, Oregon Women Lawyers’ Leadership Conference, May 2004

“Collecting Money from Clients that Don’t Pay – The Construction Lien,” Oregon Ground Water Association Annual Convention – October 14, 2006

“Ground Water Registrations: A Lost Opportunity?” Oregon Ground Water Association Annual Convention – October 14, 2006

Legal Association Memberships

• Oregon State Bar Association, 1987-present.
  • Agricultural Law Section, 1996-present
  • Litigation Section, 1988-present
  • Environmental and Natural Resources Section, 1992-present
  • Real Estate and Land Use Section, 1992-present
  • Law Practice Management Section, 1999-present
  • Solo and Small Firm Practice Section, 1998-present
  • Construction Law Section, 1995-2001
  • Family an Juvenile Law section, 1992-present
  • Administrative Law Section , 2000=2001
  • Multnomah Bar Association, 1987-present
  • Oregon Women Lawyers, 2001-present
• Idaho State Bar Association, 1988-present.
  • Water Law Section

• Nevada State Bar Association, 1988-present.
• Washington State Bar Association, 1995-present.
  • Environmental and Land Use Section, 1999-present.

• Multnomah Bar Association, 1987-present.
• American Bar Association, 1987-present.
  • General Practice Small Firm Section
  • Law Practice Management Section
  • Litigation Section
  • Environment, Energy and Resources Section

• Pending: International Bar Association.

Water Association Memberships

• American Water Works Association, 2004-present.
• Idaho Water Users Association, 2000-present.
• Nevada Water Resources Association, 2004-present.
• Nevada Rural Water Association 2004-present.
• Oregon Association of Water Utilities, 2004-present.
• Oregon Ground Water Association, 2004-present.
• Oregon Water Coalition, Charter Member, 1992-present.
• Oregon Water Resources Congress, 1987-present.
• Water for Life, 1998 – present.

Practice Related Memberships

• American Agricultural Law Association, 1998-present.
• Association of Rangeland Consultants, 2004-present.
• Family Farm Alliance, 1999-present.
• Oregon Farm Bureau, 1998-present.
• Oregon Agri-Business Council, 2004-present.
• Oregon Association of Nurseries, 2004-present.
• Oregon Cattlemen’s Association, 1995-present.
• Oregon Cattlewomen, 2004-presnt.
• Oregon Women for Agriculture, 2004-present.

Other Memberships

• Bethlehem Lutheran Church, 1998 – present.
• Greater Sumpter Chamber of Commerce, 1997-present.
• Oregon Historical Society, 1998-present.
• St. Paul Lutheran Church, 1987-1998.
• Milwaukie Lutheran Church, 2005-present.
• Portland City Club, 1988-1991, 2004-present.
• American Association of University Women