On Thursday March 7th, attorney Caitlin Skulan will provide continuing education on “Water Rights 101” at the Nevada Rural Water Association (NvWRA) conference. Visit this nonprofit organization’s website at Nevada Rural Water Association – Org Name (nvrwa.org).
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:
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.
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.
Water is a scarce resource, and its allocation and management is a complex legal issue. This complexity is particularly evident in Nevada, a state with a desert climate and a history of water disputes due to competing demands from various sectors. Such sectors include agriculture, mining, and urban development. A Nevada water attorney plays a crucial role in resolving such disputes. They ensure that the state’s water resources are allocated and managed efficiently and fairly.
In Nevada, water resources are managed by the Nevada Division of Natural Resources (NDWR). In this article, we will explore the role and responsibilities of Nevada water attorneys working with the Division. We will also explore how water attorneys work with suppliers and users of water.
A Nevada water attorney, like Therese Ure Stix or Laura Schroeder at Schroeder Law Offices, PC is a lawyer who knows water law. Water law is a complex area of law that deals with the allocation, use, and management of water resources. Nevada water attorneys provide legal advice and representation to clients in matters related to water law. They represent clients in administrative proceedings, negotiate water rights agreements, and litigate disputes in court.
In Nevada, water attorneys help clients obtain and protect their water rights. Water rights are legal entitlements to use water from a particular source for a specific purpose. In Nevada, water rights are governed by the doctrine of prior appropriation. Prior appropriation means the first person to use the water for a beneficial purpose has priority over later users. Water attorneys help clients navigate the complex process of obtaining and maintaining water rights. For example, they help file applications with the Nevada State Engineer’s Office and negotiate water rights transfers.
Nevada water attorneys advise clients on water management issues, including water conservation, groundwater management, and water quality. They help clients comply with state and federal water regulations. These include the Clean Water Act and the Safe Drinking Water Act. Additionally, water attorneys also help clients obtain permits for water-related projects, such as wells, dams, and water treatment facilities.
Nevada water attorneys represent clients in disputes over water rights, water use, and water quality. They negotiate settlements, represent clients in administrative hearings, and litigate cases in state and federal court. Water disputes can be highly contentious, and water attorneys must have a deep understanding of water law and the technical aspects of water resources.
Water attorneys also have expertise in environmental law, which is closely related to water law. They advise clients on environmental regulations and represent clients in environmental litigation. Environmental issues can have a significant impact on water resources, and water attorneys must understand the interplay between environmental and water law.
Nevada water attorneys like Therese or Laura play a crucial role in managing the state’s scarce water resources. They help clients obtain and protect their water rights, advise on water management issues, and represent clients in disputes and litigation. Water law is a complex and ever-changing area of law, and water attorneys must stay up-to-date on the latest legal developments and technical advancements in water resources management.
If you need or want to know more please use our convenient inquiry form and we will be happy to respond promptly. Or check out our article on what to expect when you call a law firm. You could also review this article.
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 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!
Schroeder Law Offices not only advises on water issues, but we practice what we teach. Schroeder Law Offices strives to connect with our clients on a personal level and to understand the practical implications and inconveniences client issues have on your lives. We can do this, because we are people, too!
Schroeder Law Office Attorneys are ranchers, farmers, and rural homeowners. Attorney Caitlin Skulan recently lived out some of these rural inconveniences when dealing with failed rural home water and sewer infrastructure.
In her free time, Skulan spends time on a small 5-acre, in her words, “fixer upper” farm purchased with her husband in 2020. Before and after work, Caitlin gardens, takes care of livestock, fixes fences, repairs and remodels outbuildings, and chases escapee chickens. Being on a rural lot, Caitlin’s water is provided by a well. The home is also equipped with a septic system for sewer.
All was good as far as the water and sewer infrastructure for the first two years. However, as any experienced rural homeowner knows, the lack of monthly sewer and water bills eventually comes with a price.
I. Lessons in 1960s Septic Systems
Imagine, your in-laws are visiting for a week from out of town, your spouse is away for work, you are working full time developing cases for trial, and you receive a call from your house guests that the showers aren’t draining! You think nothing of it. The drain is probably clogged with your sister-in-law’s hair. You’ll take care of it when you get home. Then the second call comes, the toilets aren’t flushing! Now you start to worry.
Fast forward two days, three plumber visits, and a houseful of very disgruntled relatives, and you make a band aid fix, receive a quote for a complete septic line replacement, and are internally cursing the inventor of “Orangeburg” piping.
Orangeburg pipe is a bituminized fiber pipe made from layers of ground, compressed, wood pulp, bound by adhesive, and impregnated with coal tar pitch. Effectively, it’s a cardboard pipe lined with tar. Also known as “no-corrode” pipe, Orangeburg pipe was commonly used for sewer pipes in homes built between 1945 and 1972. The product owes its origins to World War II when iron and steel commonly used for sewer pipes were critical to the war effort and thus in short supply for building homes. The use of Orangeburg piping continued after the war ended because it was inexpensive.
Even when installed, the pipe was generally expected to last 50 years before deteriorating conditions would cause the systems to falter. As Orangeburg piping is essentially asphalt soaked paper that is in constant contact with water combined with the pressure of the soil above the pipe and subject to penetrating tree roots, it is not surprising pipes collapses and the system fails. This is what Caitlin experiences in her 1960s home, requiring the pipe to be dug up, removed, and replaced with a new line.
II. Sediment, Well Casing, and Calcium Deposits
A few weeks after the septic repairs, Caitlin noticed a reduction in water pressure and sediment in the water coming out of her faucets. Luckily, no house guests were present at the time. Initial research indicated this could be an issue with the well and a well company was called.
The well inspection indicated two things. First, the water tank was flushed, and the well was in working order, but needed a sediment filter to filter tiny flakes of well casing out of the water. This is a cheap and minor fix as far as well repairs go. Second, the water filtration system for the well needed to be replaced. Caitlin, having completed the well inspection, sellers’ disclosures, and water quality test at the time she and her husband purchased their home, didn’t even know a water filtration system existed on the property and had, in fact, been advised not only to the contrary, but that given good water quality, one was not necessary.
A new water sample was taken and a water quality test conducted to ensure the scope of filtration needed for the well. While the water quality was within the limits of safe drinking water, the calcium levels were high enough to create concerns with the plumbing in the long term. Calcium deposits in pipes are common in homes with “hard water” or high mineral contents. Hard water can, and typically does, build up in drains and pipes. When left unresolved, this can cause corrosion or blockages. While blockages in drainpipes can be easily and inexpensively resolved, the same is not the case for water supply pipes. As such, the industry recommendation is to install a water softening system to prevent blockages from occurring or increasing.
III. Takeaways
At Schroeder Law Offices we emphasize due diligence before purchasing a property in an effort to “spend a dime to save a dollar.” In the context of our practice, this usually means researching the validity, ownership, status, and adequacy of water rights that accompany rural properties. However, completing due diligence research and inspections on rural water related infrastructure is important, too.
For water supply, a well inspection and water quality test by a reputable company is a must when considering purchasing a rural home. However, lessons learned would recommend the well inspection and water quality test both be taken one step further. Rather than rely on seller or realtor representation regarding water supply infrastructure, attend the well inspection yourself. Ask the inspector to explain the system and its maintenance and upkeep. If necessary, schedule regular inspections to ensure everything is in working order.
When water quality tests come back, even if safe for human consumption, ask the well inspector or a plumber if there are any concerns from an infrastructure perspective. If the water is hard, will it cause build up and is there any sign of mineral build up at the time of the inspection? If a water filtration system must be installed, consider it in your purchase price or asking that one be installed by the seller prior to closing.
For septic systems, if the home was built between 1940 and 1990, strongly consider an inspection of the piping. As Caitlin learned the hard way, having a septic inspection and service does not include an inspection of the pipeline from the home to the septic system. Consider paying for a plumber knowledgeable in Orangeburg pipeline to camera and inspect the lines from the home to the septic system. If the pipe is Orangeburg, factor replacing it into your purchase price or consider requesting the pipe be replaced by the seller as a latent defect in the property.
The current moment presents a number of unique challenges for water sustainability, including for farmers. When farmers do not have enough water to meet the population’s need for food and goods, the results can be devastating to certain population groups. In his article There Has Never Been a More Important Time to Protect American Food Production, Dan Keppen writes that farmers are facing this water challenge right now.
Due to years-long extreme drought in the west, farmers have been struggling to make ends meet. This has led to a decrease in local agricultural production in the U.S. Unfortunately, this decline comes at a time when the world has been rocked by extreme climate events and global supply chain issues. These challenges make food more costly to produce and purchase.
What makes the situation so urgent is that the need for food is rising. A 2022 GAP Report found that 40 million people around the world experienced “emergency or catastrophic levels” of food insecurity. To meet the population’s growing needs, agricultural output will have to increase by 1.73 percent each year. Keppen writes that bringing U.S. communities the nutritious, affordable food they need will require an increase in local agricultural production.
To learn more about water use and conservation, check out Dan Keppen’s previous blog “There’s a Crisis on the Colorado River.” The article explores the challenges faced by farmers when their water access is reduced. Though reduced water access may be done in an effort to conserve, the reduction can lead to food shortages and financial insecurity for local communities. With so many interests involved, the situation in the west illustrates that a solution to water issues will have to be complex and innovative.
In the first year back since COVID-19, the Nevada State Bar, Environmental & Natural Resources Section held its Annual Meet & Greet event on November 3, 2022. A social, after work event, honorees included Adam Sullivan (Nevada State Engineer), Micheline Fairbank (Nevada Deputy Administrator for Nevada Division of Water Resources), David Bobzien (Nevada’s Office of Energy), Jim Lawrence (Acting Director, Nevada Department of Conservation & Natural Resources), and Chad Blanchard (Federal Water Master for the Truckee & Carson Rivers).
Section members attending networked with our Nevada agency leads on a more personal level without the stresses of adversarial positions. During the event, Section leaders asked our honorees fun “icebreaker” questions such as: 1) What is your idea of perfect happiness? 2) With which historical person do you most identify? 3) What is your greatest extravagance? and, 4) Which talent would you most like to have? Of course, these questions sparked fun answers that provided a glimpse into our leaders as people. Spending time with these Nevada agency leaders on a personal level ultimately allows us to know and appreciate the work we all pursue.
Schroeder Law Offices Shareholder Therese Stix, as a Co-Chairperson of the Environmental and Natural Resource Law section, is organizing and assisting the Section put on the annual Meet & Greet event. This will be the first time meeting since COVID shut downs. Section members are invited to attend this fun social event. For more information, contact Therese at therese@water-law.com!
In our earlier blog, Schroeder Law Offices announced the Nevada Division of Environmental Protections’ (NDEP) workshop on Legislative Counsel Bureau (LCB) Draft R113-22. LCB R113-22 proposed changes to Nevada’s water quality regulations for Nevada surface waters.
Now NDEP proposes to adopt additional regulations under the following LCB Numbers: R114-22, R115-22, and R116-22 amending Chapter 445A of the Nevada Administrative Code for Standards for Water Quality. More on the proposed regulations is available here. Changes include setting site-specific selenium criteria for the Las Vegas Wash, adopting the federal Environmental Protection Agency (EPA) drinking water standards for certain contaminants, and assigning beneficial uses and criteria better suited for flood-conveyance channels in Las Vegas.
NDEP announced a workshop for these new proposed regulations on October 19, 2022 from 1:00 PM to 3:00 PM. The workshop will occur online and can be joined by this link or by calling in:
Phone Number: 1-775-321-611
Conference ID: 253-622-142#
Public comment will be accepted during the workshop and written comments will be accepted until October 24, 2022. Written comments can be submitted to:
Dave Simpson: dsimpson@ndep.nv.gov
Nevada Division of Environmental Protection
Bureau of Water Quality Planning
901 S. Stewart Street, Suite 4001
Carson City, Nevada 89701
P: (775) 687-9548 F: (775) 687-5856
Public participation is an important aspect of creating Nevada law. NDEP regulation changes are governed by the Nevada Administrative Procedure Act. The agency must solicit and consider public comments in adopting new regulations. If these issues affect you, Schroeder Law Offices encourages you to participate!
As fall rains shower Northern Nevada and the first snow fall for Lake Tahoe is on the books for September 19, 2022, it is easy to forget that Nevada remains in a long-standing drought. However, it is important that Nevada continue to take measures to prepare and stay informed about these long-term conditions, even as they begin to improve.
How can Nevadans be best prepared to live with drought? A number of state and federal resources are available to all Nevadans to track, understand, and adapt to long term drought conditions. These resources include:
State Drought Reports: The State Climate Office and University of Nevada Reno publishes a monthly 2-3 page drought report with updated drought conditions and projects. The most recent report can be found here.
US Drought Monitor: Similarly, the US Drought Monitor updates current drought conditions for all states weekly. The monitor page for Nevada can be found here.
Nevada Drought Planning Workshops: Online and tabletop workshops are held periodically and are announced on the National Integrated Drought Information System, published by the National Oceanic Atmospheric Administration (NOAA). The Nevada page is available here, including links to further information about upcoming drought webinars and workshops.
United States Dept. of Agriculture Mapping: USDA offers a number of drought mapping tools to track and project drought. These include the USDA Snotel Mapping system, which maps snowpack, an important seasonal contributor to water recharge in the arid west and the Streamflow Forecast Map, which predicts seasonal streamflow and various points of diversion to allow users to estimate if streamflow will be high enough to meet minimum flow requirements and any senior in-stream water rights that may preclude junior surface water diversion.
These are just some of the many tools available to stay informed about drought. Want to learn more about drought and drought tools? Check out our on-demand Western State drought tools webinar here.
The Nevada Division of Environmental Protection (NDEP) is proposing new regulations on water quality. NDEP announced an official regulation workshop on August 31, 2022 to solicit public comment and input on Legislative Counsel Bureau (LCB) Draft of Proposed Regulation R113-22.
R113-22 sets forth a process for the State Environmental Commission to classify a surface water of the State or a segment thereof as a water of extraordinary ecological, aesthetic, or recreational value. The Commission then establishes provisions for antidegradation protections to these specially classified surface waters. The draft regulations can be viewed here.
The Workshop will be August 31, 2022 at 10:00 AM to 1:00 PM Pacific Standard Time. More information and the agenda can be viewed on NDEP’s Workshop Notice.
Due to technical difficulties related to the workshop online registration form, attendees may join by:
NDEP will also attempt to accommodate anyone wishing to participate in person at:
Bryan Building
901 South Steward Street
Humboldt Conference Room, 3rd Floor
Carson City, NV
Interested in more water quality activities? Check out our blog on NDEP’s last Integrated Water Quality Report for 2020-2022 and stay tuned for the next Integrated Water Quality Report Comment Period in 2023.
Hopefully you didn’t miss the first annual Nevada Agricultural Fair on July 7 through 10, 2022! Schroeder Law Offices staff didn’t miss it, but if you did, here is a recap:
Thursday, July 7: Youth participants checked in livestock including market and breeder goats, sheep, pigs, cattle, and poultry. Schroeder Law Offices staff assisted with large animal check in and assigning stalls and ear tags. Then, SLO helped with poultry check in by performing health checks on show and market chickens.
Thursday Night kicked off the three-day Mayhemalition Derby with lawn mower races. Youth agriculture participants attended the derby events for free and were recruited to throw water balloons at the drivers!
Friday, July 8: The livestock show began with youth showmanship classes. Youth are judged on how well they show their livestock and general knowledge of the species. Youth could also participate in Hippology and Horse Judging competitions on Friday.
After the livestock shows, SLO staff hosted a wine wall at the Mayhemalition Demolition Derby to raise funds for next year’s Youth awards.
Saturday, July 9: Saturday hosted the busiest show day with market and breeder classes. In market and breeder classes, youth are judged by the quality of the animal they raised for the show. Livestock is judged by its breed standard with awards going to best of breed, best of class, and best of show. SLO staff helped run the poultry show, including market, breeder, and showmanship poultry classes. SLO staff also supported the youth market auction by bidding on market chickens. We even won a couple pens!
Sunday, July 10: The 2022 Fair wrapped up on Sunday with the Horse Show. The Horse Show was open to youth and adults, with participant ages ranging from one-and-a-half years to some individuals enjoying retirement.
The first annual Nevada Agriculture Fair proved to be a busy weekend for SLO staff. However, we had fun, got to connect with some of our clients, and supported local youth agriculture. Keep an eye out for details on next year’s fair at https://www.nvagfair.com/. We will be!
Laura A. Schroeder is the founding partner of Schroeder Law Offices. Long respected in the water rights arena, Laura has generously shared her valuable experiences and provided some great advice. A few questions we asked Laura:
What motivated you to practice water law and start Schroeder Law Offices?
I used to work on a farm and did work related to irrigation. From that experience, I learned the importance of water. Also, my father was a lawyer and I got Influenced by him and became a lawyer. In my early practice years, I worked in a number of law firms and practiced in different areas of law. I then realized that my passion was in water law, so I started my practice.
What is your go-to productivity trick? How do you stay motivated?
The most important thing is that I really enjoy what I do, and I like the people I work with, so I always get motivated when I work. Also, I have the habit of mediation. Meditation helps me center myself.
What do you consider the most important thing about being a good lawyer?
I find the most important thing is to be proud of your profession. I dislike jokes about lawyers because that is disrespectful.
Where can I find you on the weekend?
I love spending time with my family! Last weekend I helped with cleaning at my son’s place, and the week before that I attended my niece’s wedding. I always consider family the most important thing. When I have free time, I also help with writing family genealogy.
What is one thing you like the most about working at Schroeder Law Office?
I like it because lawyering is an intellectually challenging job. In the legal profession, the challenge you need to face constantly changes, and you need to develop new strategies based on the new challenge. Also, at Schroeder Law Offices, everyone has different perspectives on solving problems. I enjoy discussing and developing new strategies with everyone.
Do you have some advice that you can give to young lawyers and law students who are interested in water law?
Beside law school, it is important to have real-life practice experiences as much as possible, because in the legal profession you need to work with people. When I started to practice, I did clerkship with the government, worked with my father, and worked in private law firms. I learned from that experience that working with different kinds of people and lawyers is essential, because it offers you an opportunity to learn from the people you interact with. If you just focus on just one thing, you will definitely miss out on other things.
On May 7, 2022, Schroeder Law Offices attended the Nevada Junior Livestock Show in Reno, Nevada. The three-day show was at the Reno-Sparks Livestock Event Center. The show is a place for the National FFA Organization, 4-H, youth Grange, and independent youth members to exhibit their livestock projects before the public. They develop skills and practices related to livestock production. These youth organizations are a popular part of Nevada’s agricultural community. They often are an important family activity for our agricultural clients.
Animals at the show included turkeys, pigs, lambs, goats, and steers. Livestock were judged for quality and breed standards. Youths also competed in showmanship events. These events judged their skills and knowledge in animal handling and rearing. The show ended with the annual market auction. Youth are encouraged to contact local businesses and individuals. Then they can attend the auction and bid on livestock. The Western Nevada Grange invited Schroeder to bid on broad breasted white turkeys raised by the Club’s youth members.
We loved seeing familiar faces in the crowd and attending the Buyer’s dinner. AND we won the bid for Western Nevada Grange Member Sabella Thompson’s turkey! This was Sabella’s first year showing and selling an auction animal for Grange. Sabella sent Schroeder staff home with homemade cookies and her own artwork as a thank you for being her buyer. The cookies didn’t last long, but Sabella’s art is proudly displayed in the office. Schroeder Law Office staff also bid on other livestock to support additional local youth in their livestock rearing endeavors.
The Nevada Division of Environmental Protection (NDEP) seeks public comments to its Draft Water Quality Integrated report. The public comment period for Nevada’s 2020-2022 Draft Water Quality Integrated Report closes on December 31, 2021. On November 22, 2021, NDEP published its Public Notice, inviting comment on the Draft Nevada 2020-2022 Water Quality Integrated Report. The report was prepared in accordance with the Clean Water Act, §§ 303(d), 305(b), and 314. The Clean Water Act requires NDEP to conduct a comprehensive analysis of water quality data associated with Nevada’s surface waters.
The report is a combination of the biennial reporting requirements under the Clean Water Act § 303 on impaired waters, and § 305 for an overall assessment of surface water quality within Nevada and a description of how current conditions provide for the protection of beneficial uses of the state’s waters. The 2020 and 2022 assessment periods were combined into one report, as is the standard practice in Nevada. Thus, the report covers a data collection period of over seven-years.
Data on Nevada’s rivers, streams, lakes and reservoirs was collected from October 1, 2013 through September 30, 2020 and was evaluated to determine if State water quality standards are being met and beneficial uses are supported. These periodic reports are used by the public, other entities, and NDEP for water quality management planning purposes.
Under its Clean Water Act § 303 reporting requirements, NDEP has produced a list of waters where current pollution control technologies alone cannot meet the water quality standards set for that water body. The list also contains water bodies that may soon become impaired. Impaired waters are prioritized base on the severity of the pollution and the designated use of the water body (e.g. fish propagation or recreation). NDEP will also develop total maximum daily loads or TMDLs of pollutants in the impaired water bodies. These TMDLs designate the maximum concentration of each pollutant allowed in the water body and will help guide NDEP water resource management decision in an attempt to improve impaired waters.
The Draft Nevada 2020-2021 Water Quality Integrated Report is available at:
Links to the 2016-2018 Water Quality Integrated Report and examples of its public comments can also be found at the link above.
The public comment period for the Draft Nevada 2020-2021 Water Quality Integrated Report closes on December 31, 2021 at 5:00 PM. Any comments should be submitted by mail or email to:
Dave Simpson
Nevada Division of Environmental Protection
Bureau of Water Quality Planning
901 S. Stewart St.
Carson City, NV 89701
dsimpson@ndep.nv.gov
Once the report is submitted, Environmental Protection Agency (EPA) must notify NDEP of its approval or disapproval of the § 303 impaired waters list within thirty (30) days. If the list and associated TMDLs are approved, NDEP will incorporate them into its plan. If they are disapproved, the burden shifts to EPA to identify impaired waters and determine the TMDLs necessary to implement the water quality standards applicable to each water. This must be completed by EPA in thirty days. After such identification, if necessary, NDEP will then incorporate EPA’s § 303 list into its water quality plan.
The next biennial report will be drafted in 2023 with an opportunity to submit public comment on the draft report prior to submission. Watch for our blog about it here.
(Photo Credit: https://www.visitlaughlin.com/listing/colorado-river/36922/)
On May 8, 2021, Schroeder Law Offices supported local youth by attending the Nevada Junior Livestock Show in Reno, Nevada. Schroeder was invited by Carson City resident, Conner Simerson to bid on his broad breasted white turkey. The three-day show took place at the Reno-Sparks Livestock Event Center. The purpose of the show is to provide an opportunity for the National FFA Organization, 4-H, youth Grange, and independent youth members to exhibit their livestock projects before the public and develop skills and practices related to livestock production. These youth organizations are a popular part of Nevada’s agricultural community and often are an important
family affair for our agricultural clients.
Animals at the show included turkeys, pigs, lambs, goats, and steers. Livestock were judged for quality and breed standards. Youths also competed in showmanship events where their skills and knowledge in animal handling and rearing were judged. The show ended with the annual market auction. Youth are encouraged to contact local businesses and individuals to attend the auction and bid on their livestock. Livestock are then processed by third parties and provided to bid winners to fill their freezers.
In addition to seeing a few familiar faces in the crowd and attending the Buyer’s dinner, we won the bid for Simerson’s turkey! Schroeder Law Office staff were also able bid on other livestock and support additional local youth in their livestock rearing endeavors.
The Carson Water Subconservancy District has launched their second video in their, I am Carson River Watershed Campaign series, titled “Water Connects Us All” click the link below to watch:
For those of us in northern Nevada, the Carson River plays an important part in our communities by supporting our watershed’s environment, economy, and quality of life. Regardless of where we live, we can all do our part in our daily lives to protect the watersheds around us.
Here are some easy ways to help your community today:
In the 2021 Nevada legislative session the Assembly considers nine water related bills and the State considers 15 water related bills total. The 2021 legislative session began on February 1, 2021 and will conclude on June 1, 2021. The Assembly bills are in various stages of consideration as the session approaches its conclusion. However, the clock has already run for certain bills. Under Joint Standing Rule 14.3.1 the final standing committee to which a bill or joint resolution is referred in its house of origin may only take action on the bill or joint resolution on or before the 68th calendar day of the legislative session. Under Joint Standing Rule 14.6, certain exemptions apply for re-referral of a bill to the Senate Committee on Finance or the Assembly Committee on Ways and Means. The 68th day of the Session was April 9, 2021.
Other deadlines apply pursuant to Joint Standing Rule 14.3. These include:
As a result, some of the bills are dead in the water and will progress no further. Summaries of pre-filed Assembly Bills 5, 6, and 16 can be found in our earlier blog post. The remaining water related Assembly bills are summarized below.
Assembly Bill 146 proposes various changes to Nevada Revised Statute (“NRS”), chapter 445A regarding water pollution, including:
Assembly Bill 146 has not passed the Assembly Committee of Natural Resources but is exempt from Standing Rule 14.3.1.
Assembly Bill 354 is the fruition of one of the bill drafts discussed in this earlier blog. This bill authorizes the creation and sets forth the authority and duties of water banks. It additionally requires the State Engineer to submit a biennial report to the legislature related to water banks and provides penalties for violations of its provisions.
Further action on Assembly Bill 354 is not allowed, pursuant to Joint Standing Rule 14.3.1.
Assembly Bill 356 is the fruition of the other bill draft discussed in this earlier blog. This bill creates and sets forth the requirements for a voluntary water conservation program and creates an account for the Nevada Division of Water Resources to purchase and retire water rights in targeted basins.
Assembly Bill 356 passed the Assembly Committee of Natural Resources and is being considered by the Assembly Committee of Ways and Means.
Assembly Concurrent Resolution 4 does not directly affect water resources or water quality. However, it does direct the Legislative Commission to appoint a committee to conduct an interim study on general improvement districts (“GIDs”). GID’s provide certain services and facilities to residents of the district, often times including water services. Assembly Concurrent Resolution 4 will create a committee to study GIDs to: (1) improve accountability and effectiveness; (2) identify areas of continuing abuse and potential abuse in the creation, financing, operation, and oversight of GIDs; (3) consider modifying requirements related to GIDs; and (4) recommend possible legislative solutions to any continuing abuses.
Assembly Concurrent Resolution 4 was referred to the Committee on Legislative Operations and Elections.
Assembly Joint Resolution 2 recognizes that that health of forests, rangelands, and soils are inextricably linked to the quantity and quality of water. It further expresses and supports the Federal Government, state agencies, conservation districts, and local governments to work collaboratively with water purveyors, land managers, private land owners, land users, and other stakeholders to identify watersheds that can be improved by better forest, rangeland, and soil health measures and to identify or establish voluntary programs within the limits of the legislative appropriations, and other available money to address the health of forests, rangelands, and soil.
Assembly Joint Resolution 2 passed the Assembly and is currently being considered by the Senate Committee on Natural Resources.
Assembly Joint Resolution 3 urgers various actions relating to the protection and conservation of land and water. In the resolution, the Legislature expresses its support for the goal of protecting 30 percent of the lands and water in Nevada by 2030. The resolution urges:
Assembly Joint Resolution 3 passed the Assembly and is currently before the Senate Committee on Natural Resources.
Interested in more legislative updates? Keep an eye on our blog for a summary of the 2021 water related Senate bills.
(Image Credit: https://mynews4.com/news/local/explaining-the-mining-gaming-and-sales-tax-proposals-of-the-2021-nevada-legislature; https://www.reviewjournal.com/news/politics-and-government/nevada/district-map-in-nevada-assembly-skews-blue-study-finds/)