On September 17th, 2024, the Oregon Water Resources Department (OWRD) implemented new groundwater rules that have sparked significant debate. While these rules aim to promote sustainable water use, they also raise several concerns that merit discussion. Arbitrary Power and Political Influence One of the primary criticisms of the new groundwater rules is that they grant […]
New Groundwater Rules in Oregon: a Critical Perspective Read More »
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.
New California Adjudication Rule Read More »
Schroeder Law Offices’ Tara Lomacz will be attending the annual OGWA Picnic and Campout to celebrate the organization’s 75th anniversary.
2023 OGWA Picnic and Campout Read More »
April 22nd, 2023, is the 53rd annual Earth Day celebration. The sustainable and efficient use of water leads all that we do at Schroeder Law Offices.
Earth Day 2023 at Schroeder Law Offices Read More »
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
Oregon Water Resources Department Pushes for More Regulation Read More »
On October 3rd, 2022, the Supreme Court heard the oral argument for the first case of its 2022-2023 term: Sackett v. EPA. The case calls into question the definition of “Waters of the United States” (WOTUS), as it will decide the proper test to determine which wetlands are considered WOTUS, and therefore subject to federal
As of September 13th, Oregon Water Resources Department Director Tom Byler has officially retired after 27 years working for the state of Oregon. A new OWRD director will be appointed by Oregon’s next governor. To serve for the remainder of her term, governor Kate Brown has appointed acting director Doug Woodcock, who previously worked as
Oregon Water Resources Department Director Tom Byler Retires Read More »
Schroeder Law Offices had a blast working at the 2022 Oregon State Fair. If you weren’t able to make it down to Salem for the annual festivities, we’re here to fill you in. During the fair’s kickoff weekend, Tara Lomacz and Madeleine Criglow worked the Oregon Women for Agriculture booth in Salem Fairgrounds’ Columbia
A Weekend at the 2022 Oregon State Fair Read More »
In the 2021 legislative session, the Idaho House introduced twelve water related bills and the state considers twenty-two water related bills in total. The session began on January 11, 2021 and as of March 18, 2021, one of the proposed water bills is already law, one is before the Governor for signature, and multiple others
Idaho House Introduced Twelve Water Bills Read More »
This post is one of a series highlighting the ways in which water users have adapted to life in the time of COVID-19. Shelley Roberts is the CEO of the Idaho Rural Water Association (“IRWA”). IRWA is a resource for small water systems in the State of Idaho that offers training for drinking water and
Utilities are Essential: IRWA’s Response to COVID-19 Read More »
The Nevada Division of Water Resources (NDWR) gave notice to extend the deadline for submitting written comment and testimony on Proposed Orders to Designate Hydrographic Basins related to the hearings held October 12- October 26, 2020. Information on the hearings is available at: http://water.nv.gov/hearings.aspx. December 1, 2020 is the new deadline for written testimony, noting
NDWR Extension on Comments and Testimony on Proposed Orders Read More »
The State of the Water Industry Survey In the June 2020 issue of Opflow, the American Water Works Association published a survey of 3,351 water industry professionals. The State of the Water Industry (SOTWI) survey identifies challenges to the water industry and seeks to understand their causes. Several issues regarding water resource management made the
Survey by AWWA Details Challenges Facing the Water Industry Read More »
In a previous blog, we looked into who owns an aquifer: does it belong to private individuals or the public? Under the ad coelum doctrine, the surface owner holds the ground itself – rocks, dirt, and the like – as private property, owned all the way down to the Earth’s core. On the other hand,
Update: Is an Aquifer’s Pore Space Public or Private Property? Read More »
The Nevada Division of Water Resources (NDWR) posted Notices for Hearings for Proposed Orders for hydrographic basins within numerous Nevada Counties. These include: Churchill, Clark, Elko, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Lyon, Mineral, Nye, Pershing, Washoe, and White Pine Counties. NDWR scheduled the hears for October 12, 2020 through October 26, 2020. Information on the
NDWR Notices Hearings on Proposed Orders for Hydrographic Basins Read More »
Well sharing agreements are more common than you might expect! These types of agreements allow neighbors to share a well along with the costs for electricity and maintenance. However, there are several pitfalls that can be a big headache for landowners! What are well sharing agreements? Basically, these kinds of agreements are a combination of
Well Sharing Agreements: Good Agreements Make Good Neighbors! Read More »
In the third COVID-19 webinar, Laura Schroeder, Clint Kinney, and Bob Long discussed what to do when you receive a notice that your well construction is non-compliant. The webinar aired originally on April 29, 2020 from 12:00 PM to 1:00 PM. You can watch the webinar here! Stay tuned to our blog for announcements for
By Laura A. Schroeder and Tara J. Jackson The answer to this question may depend on the paperwork you have to document domestic water use at the current or planned residence. When either a building permit or financing is required on a rural residential property, the permitting authority or lender will likely require that the
In 2014, the Idaho Department of Water Resources (“IDWR”) proposed adjudicating water rights in the Bear River Basin in Southern Idaho. Now, nearly 6 years later, a bill that would allow IDWR to commence the adjudication is up for legislative consideration. The Idaho House of Representatives unanimously passed House Bill 382 (“HB 382”) on February
Bear River Basin Adjudication Legislature Moves Forward Read More »
The Oregon Water Resources Department (“OWRD”) does not use a single definition of an aquifer. Instead, it uses different applications of the word depending on the context. Scientifically, there is a generally accepted definition (which we discussed here: https://www.water-law.com/who-owns-an-aquifer/): “body of permeable rock which can contain or transmit groundwater.”[1] Depending on the location, context,
OWRD’s Various Aquifer Definitions Read More »
More and more in Oregon, hopeful groundwater use applicants are finding that proposed uses of groundwater are denied by the Oregon Water Resources Department due to the agency’s finding of hydraulic connection with surface water sources and the potential for groundwater use to cause substantial interference with existing surface water rights. When the agency makes
Surface-Water-to-Groundwater Transfers: Too Connected or Not Connected Enough? Read More »
