Pershing County Water Conservation District (PCWCD) is accepting applications for the position of Secretary/Manager.
A successful applicant will be responsible for managing the day-to-day operations of a 40,000-acre irrigation district located in Lovelock Nevada. This irrigation district is a surface water district receiving water from the Humboldt River water system via its privately owned and operated reservoir. This position is an at-will position to a 7 member Board. Salary commensurate with experience.
If interested, send a cover letter, resume, and three references to Peggy Holland at PCWCD by email to pholland@irrigation.lovelock.nv.us or contact 775-273-2293 for questions and a complete job description.
Holiday Greetings from Schroeder Law Offices
Our Team, from left to right: Laura, Maricruz, Therese, Tara, Scott, Caitlin, Rachel, Max, Jess, Kelsey, Jeff, Jim, Melissa and Rita
As 2023 comes to a close, we at Schroeder Law Offices want to extend our thanks to all of our clients, friends, consultants and colleagues. It has been an interesting year in the water rights attorney world.
In Nevada we have made great headways in collaborating with Nevada Division of Water Resources and stakeholders on the Humboldt River Basin issues and conjunctive management. Many submitted presentations and ideas ranging from strict prior appropriation all the way to socio-economic management. It is clear that ideas on management range the complete spectrum and it will be interesting how our prior appropriation state will ultimately decide on this issue.
This year I spent a lot of time working with United States Committee for Irrigation and Drainage (USCID) in bringing the organization back online after a changing of our Executive Director during the COVID years. We are glad that is behind us and the organization is back on track and moving forward. At our conference in Fort Collins Colorado I was able to learn about how Colorado tackles and deals with conjunctive management issues. Interestingly, everyone on the river system knows exactly where they are “on the priority line”. Perhaps someday this will be the same mode of operation in Nevada?! If you are interested in USCID, learn more here.
I am excited to participate in USCID and their parent, ICID in working to bring the innovations in irrigation and drainage to other countries and assist in solving world wide water scarcity and shortage problems. I hope to have some international travels in my future as part of this work!
Other work I have done this year, included continuing my Secretarial duties for the Nevada Heritage Foundation, where we promote education in agriculture by providing support and scholarships to Nevada’s youth. As you can tell, promoting agriculture is a passion of mine as it runs in my blood.
Finally, this year is my last year serving on the Board of the Nevada State Bar Environmental & Natural Resource Section. It has been a great tenure and it’s been a great avenue to develop relationships in the legal world with other attorneys practicing in the same areas as Schroeder Law Offices. I firmly believe that building relationship and communication is a key to success in any business.
Well, on that note, we wish you all a wonderful Christmas and Holiday Season and we look forward to a happy, healthy, and prosperous 2024!
Democrats in the U.S. House of Representatives have taken action to clarify the Clean Water Act following the Sackett decision, introducing new legislation into Congress in October of 2023. The purpose of the “Clean Water Act of 2023” is to counteract the narrow interpretation of the term “navigable waters” set forth in the Supreme Court’s Sackett II. Text of the proposed bill criticizes the Court’s decision for eliminating protection for wetlands that “perform vital functions such as sorting water to help reduce flooding, improving water quality by filtering pollutants, providing critical and important habitats for aquatic and other species, and recharging groundwater that provides drinking water and contributes to downstream flow.”
Importantly, the Act intends to widen the definition of “waters of the United States.” Restrictions, however, do remain as to not extend federal purview to all collections of water. The greatest emphasis is on the definition of “wetlands”, the source of contention in Sackett II. If the Act were to pass, wetlands would now be defined as “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstance do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” This definition, of course, would circumvent the narrowing of the “water of the United States” that resulted from the Sackett II decision.
While there is little evidence to believe the proposed Act will become law, it is important to be aware of new legal developments that can and will affect water rights throughout the country. Currently, the proposed bill is in the early stages of the legislative process. At this time, the House and Senate have not yet considered the Clean Water Act of 2023.
In a real estate transaction, the document transferring the real estate interest, describes that property in the deed or easement. Many times, we find that metes and bounds descriptions use “chains” rather than the section lines familiar under the public land survey system (PLSS). While we heavily rely on the geographic information system (GIS), GIS locations are not always accurate. The GIS is a computer system for capturing, storing, checking and displaying data related to positions on the earth’s surface. In a boundary dispute, we require the services of surveyors to locate property lines, especially if the descriptions involve very difficult to interpret descriptions in chains.
What is a surveyor’s chain? It is a measuring device used for land survey. One chain is 66 feet in length and contains 100 links. One link, then, is 1/100 of a chain. This odd length assisted in calculating the area of a tract of land. It was designed and introduced in 1620 by English clergyman and mathematician Edmund Gunter (1581–1626). This introduction was long before the development of the theodolite and other more sophisticated surveying equipment. The surveyor’s chain enabled plots of land to be accurately surveyed and plotted for legal and commercial purposes.
If you need assistance in diving into the details of a deed or title report with its many exceptions, Schroeder Law Offices, PC is available to assist. Please contact us at counsel@water-law.com with any inquiries you may have.
New California Adjudication Rule
California adjudication rules have changed! On October 10, 2023, California Governor Gavin Newsom signed AB 779 into law. This California law requires courts to consider sustainability and equality factors during groundwater basin adjudications. The intent behind this adjudication rule is to keep everyone informed and provide equal access to resources.
Adjudications of water basins are court cases that decide water use claims in a particular basin. Water users must file their claims by a certain date. Once the adjudication process concludes, the court orders a claim into a decreed water right. Oregon, Idaho, Washington, and Nevada also currently have active adjudications, but sustainability and equality that are not incorporated into a claim are not usually addressed is these other states.
This California adjudication rule requires the groundwater sustainability agency (“GSA”) to submit the required sustainability plan(s) for groundwater basins designated as high or medium priority to the court. This law also requires the GSA to notify the public when an adjudication begins. The public notice requirement stipulates that the GSA must host a public meeting to explain the adjudication process. The GSA must publicly post court documents for the public to follow the adjudication process. Further, the court must consider “the water use of and accessibility of water for small farmers and disadvantaged communities” before entering a judgment.
The Effects of AB 779
Adjudications are long, expensive processes. These considerations will help all parties participate in the process, no matter the size or financial resources. By the end, hopefully everyone receives access to the resources they need.
Other states conducting adjudications have notices requirements, but do not currently have public hearing requirements to explain the process at the outset.
Oregon and Nevada have notice requirements referred to as notice “by publication.” This is when the Director or the State Engineer publishes notice in a newspaper circulated in the area where the adjudication takes place. In comparison, in Idaho adjudications, Idaho Law requires the Idaho Department of Water Resources Director to serve notice by mail to affected parties. Finally, Washington law requires notice to property owners by publication or personal service.
States conducting adjudications often look to streamline the process. It will be interesting to see if neighboring legislatures to California push for similar requirements as this California adjudication rule. Although it may add time at the beginning and during the adjudication, it may save time later on in late filed claims, or applications for water rights.
If you are a water user in Oregon, Idaho, Washington, or Nevada, and there is an ongoing adjudication near you please contact us for information. You may also review the water department’s website in your state.
WOTUS: a Confusing Legacy
The Clean Water Act’s extension of what waters it attempts to regulate is leaves WOTUS a confusing legacy. Does it apply to wetlands? If so, what if wetlands stand alone and don’t adjoin navigable waterways? The courts have been adjudicating questions like these for year. But earlier this year the US Supreme Court gave a definitive answer – for now.
What Happened?
There is no denying the positive changes that the Clean Water Act has rendered as once flammable waters again being fishable, boatable, and even swimmable. Even so, the definition of “waters of the United States,” that defines the reach of the federal government’s regulation of water, is controversial. On May 25, 2023, the U.S. Supreme Court decided in Sackett v. Environmental Protection Agency (“EPA”)how “waters” are to be defined for purposes of the CWA.
Background
To understand Sackett, we must begin with looking at Rapanos v. United States, 547 U.S. 715 (2006). Rapanos, found there are two tests to define “waters of the United States.”
The “Plurality Test,” a two-prong test, that defines water of the United States as “(1) a relatively permanent body of water (2) connected to traditional interstate navigable waters.”
The broader “significant nexus test.” Under this test “the wetlands, either alone or in combination with similarly situated lands, significantly affect the chemical, physical and biological integrity of the waters understood as “navigable,” are considered among the “waters of the US.”
The Sackett Decision
These two conflicting tests did not resolve the issue.
But now the May 2023, Supreme Court decision determined that the “Waters of the United States” extend “only to geographical features that are described in ordinary parlance as ‘stream, oceans, rivers, and lakes’ and to adjacent wetlands that are ‘indistinguishable’ from bodies of water due to a ‘continuous surface connection’.” Sackett v. EPA, 143 S. Ct. 1322, 1336 (2023). This decision adopted the plurality test from Rapanos reasoning that the significant-nexus text could grant endless jurisdiction and importantly interfere with State jurisdiction.
WOTUS as a Confusing Legacy
The Supreme Court’s decision admitted there is obvious need for exceptions to it’s bright line rule such as when there are interruptions in surface connection because of low tide or dry spells to disrupt “continuous surface connection.” Thus, it is evident that wetlands have not seen their last day in court.
As an ever evolving body, water law can be a confusing field. Here at Schroeder Law Offices, we help our clients by finding answers and making the complex appear simple. If you have any questions about how this affects your water rights, please contact us at (503) 281-4100 or m.jones@water-law.com.
New Hires – Welcome to SLO
Schroeder Law Offices, P.C. is growing again! We are welcoming three new hires and want to introduce them to you.
Max Jones
Max Jones has joined the firm as a new associate attorney in Portland, Oregon. Before joining the firm, Max attended Santa Clara University, earning his Juris Doctorate in 2023. Then, he was admitted to the Oregon State Bar in October of 2023. His emphasis on various aspects of water law includes securing water rights; public lands (easements/right-of-way, permitting uses, grazing); groundwater interference and connection; and agriculture, municipal, and irrigation district water use permitting, extension, perfection, transfers, compliance, and protection. Max is looking forward to helping clients with all water-law matters.
In June of 2023, Jeff Nadeau joined the firm as a new associate attorney in our office located in Reno, Nevada. Jeff studied environmental and natural resource sciences during his graduate studies, where he first became interested in water law. Then, Jeff attended Lewis and Clark, Northwestern School of Law to earn his Juris Doctorate. He was admitted to the Nevada State Bar in 2011. Jeff has always been interested in expanding his knowledge and is ready to apply his extensive skill set to any water-law questions you may have.
Rita Powers joined the firm in August of 2023. She is working as a legal assistant at our office in Reno, Nevada. Earlier this year, in May of 2023, Rita graduated with her bachelor’s degree from the University of Nevada, Reno. Rita’s interest in water law stems from spending her youth on her family’s ranch in California. She is looking forward to further developing her knowledge of water-law and how it affects her local community.
Looking for something fun and educational to do this weekend? Why not check out the Oregon State Fair! This year’s fair runs through Monday, September 4th. The event boasts tasty snacks, a stacked lineup of musical guests, and events celebrating Oregon’s farm and agriculture community. This coming weekend marks the second and final weekend of the fair and is being held as usual on the Salem, Oregon Fairgrounds.
While you’re there, be sure to stop by the Oregon Women for Agriculture booth. Founded in 1969, Oregon Women for Agriculture educates the community on the importance of sustainable agriculture to the environment and economy.
Katherine Schroeder is crossing the United States for the second time on her bicycle. This week at the headwaters of the Mississippi, she encountered the sculpture titled “Heartwaters – Caretaker Woman.” The bronze sculpture was created by artist and member of the Fond du Lac Band Jeff Savage in 2005.
The sculpture depicts a woman with long, flowing hair releasing a group of turtles from a basket. The caption accompanying the piece describes that the woman is “renewing the seasons and continuing the waters of life.” The piece holds a deep meaning and reverence for water which can be found in the Anishinaabe (Ojibwe) belief that women are the caretakers of water. The turtles depicted in the sculpture are also symbols of water, as well as the many directions life can go (as turtles live in water, walk on land, and breathe air).
Ultimately, this beautiful work of art symbolizes the fundamental importance of water as a source of life and as a resource that must be preserved for future generations. The piece can be found at the Mary Gibbs Mississippi Headwaters Center in Itasca State Park. We thank Katherine Schroeder for sharing these photos as she makes her way across the country!
Kelsey Seibel Joins Schroeder Law Offices
Schroeder Law Offices is pleased to announce that Kelsey Seibel has joined the firm as a new associate attorney in Portland, Oregon. Kelsey received her Juris Doctorate from the University of Denver Sturm College of Law in May 2021. She was admitted to the Oregon State Bar on February 24, 2022.
Kelsey Seibel gained experience in water law through working on the University of Denver Water Law Review during law school, of which she served on the editorial board for two years as an Articles Editor. Kelsey also received a Bachelor of Arts in Economics and Environmental Studies from the University of Wisconsin – Madison. While studying for her Bachelor’s, Kelsey’s area of focus included environmental policy and history surrounding global environmental issues.
Kelsey’s previous professional experience includes clerking for Judge Christine C. Antoun in the Colorado Judicial Branch Second Judicial District in Denver, Colorado. During her time, she was awarded “2022 Outstanding Courtroom Employee.”
Kelsey grew up in Milwaukee, Wisconsin along Lake Michigan. When asked about her interest in water law, Kelsey says, “I always knew I wanted to work with natural resources and in the environmental law area. When I decided to go to the University of Denver for law school, I chose to write on the Water Law Review to learn more about water law and water rights in the west. I enjoy the area of water law because it combines my interests in efficient use of natural resources with sustainable growth and allocation of resources.”
For fun, Kelsey enjoys outdoor activities like camping, running, and biking, as well as baking, cooking, and watching Wisconsin football.
Kelsey could not be more excited to join Schroeder Law Offices and is determined to work as a passionate advocate to assist in all client needs.
Employee Spotlight: Rachel Shahidzadeh
What brought you to Schroeder Law Offices?
I had been interested in the legal field for some years before I started with Schroeder Law Offices. I was working in a different industry and was finally ready to make a change when I found SLO. Ultimately, it was the close-knit office culture, opportunities for education, and fascinating specialty that convinced me that this was where I was meant to be.
What is your go-to productivity trick?
I am a strict to-do list person. No matter how small the task is, it’s added to my list. If I really need to buckle down and focus on a large task I have found that listening to brown noise is extremely effective at calming and providing focus.
What is something you find fascinating about water law?
The first aspect that drew me in was the history. I love to research water rights, and it is also so interesting to learn about rights stemming from the early 20th century and even earlier.
What do you like to do for fun on the weekends?
My favorite down time activity is spending time with my husband and my dog, either at home or exploring the trails in the Pacific Northwest. Otherwise, I like to binge watch a good television show and catch up on reading.
What is your favorite book or movie?
Pride and Prejudice by Jane Austen.
What’s it like to work at Schroeder Law Offices?
Every day is a new adventure.
For Sale by Owner
This weekend my brother Paul explained how he had successfully used Facebook Marketplace to sell extra furniture. Wow, I thought, this is a great resource. But then a potential client called today. The potential client posted For Sale by Owner on Facebook Marketplace without legal advice. The problem was NOT with the platform, but with selling real property without professional help.
Lawyers, title companies, real estate agents are expensive. Many of the documents used in a real estate transaction can be bought for next to nothing online. Tempting, but should you proceed without professional help?
Water rights, easements for access, well share agreements – they all need an experienced legal hand. Even attorneys whose business is limited to real estate transactions often do not have the experience to advise on water use as it relates to real property.
It’s a lot cheaper to hire legal help to do it right before your “For Sale by Owner” than after. If you have a mistake the legal team will charge at their much higher litigation rates than at their more reasonable transactional rates. If you are still unsure about needing professional help check out one of our webinars: Water-Related Disclosure Requirements – Schroeder Law Offices, PC (water-law.com)
Another thing: realize that your lawyer, title company and realtor are all having the same labor shortage as every business. Contacting your legal team before you put up your ad on Facebook Marketplace, Zillow, or another “For Sale by Owner” platform is a good plan. Save yourself from improperly disclosing important information about your property, water rights and easements before you list!
Earth Day 2023 at Schroeder Law Offices
April 22nd, 2023, is the 53rd annual Earth Day celebration. The theme of this year’s holiday is “Invest in Our Planet.” The preservation and efficient use of water, a vital natural resource, leads all that we do at Schroeder Law Offices. As a water law office, Schroeder assists municipal water users and districts, individual and family farms, and ranches to promote sustainable water use throughout Oregon, Nevada, Idaho, and Washington. To celebrate, let’s brush up on some Earth Day history.
The beginnings of Earth Day can be traced back to an oil spill off the coast of Santa Barbara in 1969. Because of its devastating effect on the surrounding nature and wildlife, the public’s concern over what could be done to protect the environment grew. After the spill, Wisconsin senator Gaylord Nelson inspired a nationwide “teach-in” day. Senator Nelson enlisted the help of a young activist Denis Hayes, fellow senator Pete McCloskey, and numerous volunteers and activists thereby creating the first Earth Day on April 22nd, 1970. 20 million people celebrated the first holiday, prompting nationwide demonstrations, protests, and teach-ins.
Earth Day is now a global event celebrated each year through demonstrations, events, and acts of service!
To keep the mission of Earth Day in mind this year, Earthday.org created a list of the many ways you can take care of the earth in your day-to-day life. Some ideas you might try:
Attending a tree planting event
Participating in a community beach cleanup
Planting a pollinator garden to help the population of bees, butterflies, and other organisms in your local ecosystem
Attending an Earth Day event (find one in your area using this interactive map)
Reading more on Earth Day history to explore the origins of the holiday
This weekend, please join us in celebrating Earth Day’s mission.
To stay up to date on all things water, be sure to subscribe to our weekly e-newsletter to the right.
Oregon Women for Agriculture Annual Auction
Oregon Women for Agriculture will be hosting their Annual Auction and Dinner on April 15th, 2023 at the Linn County Fair & Expo Center in Albany, Oregon. This year’s theme is “From Farm to Forest- and Everything in Between.” Shareholder Laura Schroeder, firm administrator Scott Borison, and senior paralegal Tara Lomacz are excited to be attending the event.
Founded in 1969, Oregon Women for Agriculture began with the mission to “work together to communicate the story of today’s agriculture.” The organization is passionate about educating the community on the importance of sustainable agriculture to the environment and economy. Their work can be found in their support of programs including Oregon Agriculture in the Classroom and the Summer Agriculture Institute. These programs are meant to help students learn the importance of agriculture in their day-to-day life, like understanding how their food makes it from the farm to the grocery store. OWA is also responsible for the popular crop identification signs that can be found all along Oregon’s roadways. These signs help spread the word on the hundreds of different crops farmers grow all across the state.
The 2023 Oregon Women for Agriculture Annual Auction will help support OWA so that they can continue their work in the Oregon community for years to come! The event will feature a silent auction and dinner, as well as a live auction beginning at 7:15 pm. Visit the event website here for details on ticket cost, reserving a table, and more. We hope to see you there!
Employee Spotlight: Caitlin Skulan
What brought you to Schroeder Law Offices?
I came to Schroeder Law Offices right after graduating law school. During my last year of school I was looking for a post-grad job related to natural resource law. Having interned in jobs lobbying, in-house counsel for nonprofits, at an Attorney General’s Office, and at a large law firm, I knew I wanted to work in private practice, but in a boutique setting.
During my last semester of law school, I was working with The Freshwater Trust, a nonprofit in Portland, Oregon that does river restoration work. In that internship I had some exposure to water law and found it fascinating. Schroeder was looking for an associate in Reno at the time. I was looking for a job in a location that would allow more of a rural lifestyle, so it was a perfect fit. I also loved that all the partners were women as this field is so often dominated by men.
What is your go-to productivity trick?
I am very to-do list oriented. I tend to have one master list with all my projects and then one to two tiers of lists with more immediate tasks that need to be done in the next day or week. A lot of my motivation comes from crossing something off a list.
What is something you find fascinating about water law?
Water law is one of the few niche practice areas that is incredibly diverse. Unlike family or criminal law, where the issues, rules, and case law are often recycled, water law issues are always different. In the last few years I have worked on property law, contract law, tort law, secured transaction law, tribal law, as well as federal issues like the National Environmental Policy Act (NEPA) and historic rights-of-way across federal land. I’ve never enjoyed monotony in a job. At Schroeder, I’m certainly never bored and almost always challenged in a new way!
What do you like to do for fun on the weekends?
Outside of work I like to cook, read, and work in my garden or on my farm. I also like to get outside for an adventure with my hodge-podge pack of dogs. On longer breaks, I like to backpack or kayak with my husband, travel internationally to see new places, learn about history, and try new foods.
What is your favorite book or movie?
I don’t have an all-time favorite book or movie that comes to mind. Lately, I’ve really enjoyed anything written by Kate Quinn. I love her portrayals of women’s forgotten roles in history, especially during WWII.
What’s it like to work at Schroeder Law Offices?
Working at Schroeder is working with a close-knit team. We help each other out and really care about one another as people. I’ve always felt supported and heard. The leadership has always been invested in my growth as a professional and outside of work. They also encourage me to build and maintain a life outside of the office.
Caitlin Skulan is an associate attorney at Schroeder Law Offices, PC.
Title Transfer of USBR Projects
Reminder! Join us for the USCID webinar on April 12, 2023 at 11:00 AM (Pacific) to learn about title transfer of Federal reclamation projects to users and to take a look at an international database of irrigation projects throughout the world.
When the U. S Bureau of Reclamation implements and completes a project, such as a new reservoir or dam, it retains title and ownership. The operation and maintenance of the project is typically the responsibility and obligation of the project users. Title transfer is the process of conveying the title and ownership of these Bureau of Reclamation facilities to the project users.
In the past, absent an Act of Congress or otherwise, project users could not receive title to their water projects. In 2019 the law changed and now provides authority to move through the transfer process without separate and distinct Act of Congress. See: Title Transfer | Bureau of Reclamation (usbr.gov)
USCID Logo
Hear from Frank Dimick, of Dimick Water Resources Engineering, to learn firsthand from someone who has undergone title transfer process both before and after the new law. Hear about how the transfer process is putting the United States on the map with international water projects!
This webinar is hosted by the United States Comittee on Irrigation and Drainage (USCID) Together with Schroeder Law Offices, PC.
USCID and Schroeder Law Offices to Host Webinar on How to Obtain Title Transfer for Federal Water Projects
Join the US Committee on Irrigation and Drainage (USCID) on April 12th, 2023 at 11:00 AM (Pacific Time) for a webinar on How to Obtain Title Transfer for Federal Water Projects. Frank Dimick, of Dimick Water Resources Engineering, will host the 30-minute presentation and Q+A session via Zoom. Participants will also learn how the United States can gain international recognition on water projects. After, Schroeder Law Offices’ shareholder and USCID Vice President Therese Stix will give an update on USCID and share more details about the upcoming USCID Conference in October 2023. We hope to see you there!
To learn more about USCID’s mission and upcoming conference, visit their website here.
NDWR Releases Findings from 2021 Water Resource Public Survey
At the end of 2021, the Nevada Division of Water Resources (NDWR) completed a public survey to update the 1999 State Water Plan. The previous plan made general water data and information available to the public and addressed water policy issues and recommended actions for a sustainable water future. A lot has changed since 1999, and to address those changes, in 2022 NDWR released the results of the 2021 survey.
1,192 people in total participated, including a wide range of agricultural producers, business owners, tribal members, and more. Respondents were also from both urban and rural areas, with 39% of respondents living in rural or semi-rural areas of Nevada.
The biggest consensus in response to the survey was that of water sustainability. A striking 77% of respondents agreed that the sustainable use of water is extremely important. 79% shared that they now think about water issues more than they did in the past.
Among the biggest concerns were long-term water planning, wasteful or inefficient water use, and the need for conserving water for the future. In rural areas, water availability for agriculture and the transfer of water from rural basins to supply urban areas were major concerns.
Respondents were also asked to give their thoughts on potential long-term plans going forward. Many called for more public outreach, emphasizing the need for accessible, research-based data. Respondents also urged NDWR to provide more opportunities for stakeholder engagement.
NDWR plans to use these findings to develop a water plan that addresses respondents’ concerns. The agency will consider the survey results when mapping out the direction of future outreach and education efforts. To read the full overview of survey responses, click here.
Therese Stix Appointed USCID Vice President!
Therese Stix has been appointed by its Board of Directors as Vice President of the United States Committee on Irrigation and Drainage. USCID’s mission is to promote progressive and sustainable irrigation, drainage, and flood control practices in support of food and fiber production and public safety, recognizing that sustainability embodies economic, social, and environmental goals. Therese was appointed to this position after stepping in to help USCID launch after a hiatus during the non-conference years of COVID and the retirement of the past executive director.
Therese grew up on a row crop farm in eastern Oregon, is passionate about agricultural customs and culture, and continues to support farming and ranching operations in her law practice. As Vice President, Therese will continue to take an active role in supporting the USCID’s mission while bringing the organization back online.
In addition, USCID is in the process of on boarding Jane Townsend from Ag Association Management Services to assist in promoting and pursuing USCID’s mission post-COVID. We are excited to have Jane assisting us and are currently planning our next conference to take place in Fort Collins, Colorado April 25-28, 2023. We hope to see you there!
Oregon Water Resources Department Pushes for More Regulation
The Oregon Water Resources Department (“OWRD”) has stopped processing new groundwater applications and begun to severely limit groundwater permit extensions. This policy change places a significant burden on groundwater permittees and will directly impact agriculture in Oregon. Ultimately, OWRD’s policy change will significantly limit agricultural expansion in the state.
In his article “Oregon Moves to Limit Groundwater Development,” Steve Shropshire cites “Draining Oregon,” the 2016 report published in The Oregonian, as the major catalyst for increased regulation. The Oregonian article covered groundwater issues in Oregon and argued that OWRD was over permitting the use of the state’s groundwater supply. Soon after The Oregonian article, OWRD updated their Integrated Water Resources Strategy to name groundwater as one of the biggest issues concerning Oregon’s water future.
Even though OWRD has not passed a rule, OWRD has ceased processing new groundwater applications and limited its issuance of groundwater permit extensions as a policy matter. OWRD has also limited the issuance of new groundwater rights in the Walla Walla, Harney, and Umatilla basins. These actions will pose a big change for agriculture in Oregon, as acquiring new groundwater rights will be much harder, if not impossible. To participate in the rule making process when that occurs, go to: Water Resources Department: Proposed Rulemaking : Oregon Administrative Rules : State of Oregon
Stay informed on the latest groundwater issues, current events, and all things water by signing up for Schroeder Law Offices’ weekly email newsletter to the right.
