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

1. A Region Defined by Limited and Variable Water Resources

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

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

2. Development Pressures Across the Region

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

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

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

3. Snowpack Variability and Climate Uncertainty

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

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

4. Persistent Drought Challenges

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

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

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

5. Statewide Water Planning Efforts

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

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

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

6. Conclusion: Balancing Growth and Sustainability

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

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

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

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

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

USDA Nevada Snowpack and Stream Forecast Tools

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

NOAA Drought Tools

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

Conclusion

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

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

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

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

How to Get Your Tree Permit

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

Important Safety Information 

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

Tree Cutting Guidelines

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

Event Details 

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

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

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

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

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

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

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

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Nevada Passes Two New Bills Combatting Water Scarcity Throughout the State

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

Nevada’s Drought

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

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

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

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The Nevada Division of Water Resources is hosting public presentations to provide information and receive comment for issues within the Humboldt River region.  If you have concerns or are interested in learning how NDWR is looking to conjunctive management in these regions, you should attend!  More information can be found at https://water.nv.gov/posts and then following the link to the “Public Outreach on the Humboldt Rier Water Management”. 

Public Outreach Sessions

Elko on June 10^th at 2:00PM at the Great Basin College

Winnemucca on June 11^th at 10:00 AM at the Humboldt County Library

Lovelock on June 11^th at 2:30PM at the Pershing County Community Center

Therese Stix will attend the Lovelock session to listen and participate in the discussion.  We hope to see you there!

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The 2025 Nevada Legislative Session has begun. It’s looking like a busy session for water bills. Four bills caught my attention and we thought we should share them with you!

Assembly Bill 134

AB 134 proposes to amend NRS Chapter 533 to allow owners of a perfected water rights to submit water conservation plans to the State Engineer for approval. The goal of the bill is to “promote and encourage the conservation, development, augmentation and efficient use of the waters of this State through the use of practices for the voluntary conservation of water, including, without limitation, water conservation plans, crop rotation or conversion, improved irrigation practices and reductions in surface and seepage losses of water at the place of use of water.”

The main perk for those with approved conservation plans is that their water rights are not subject to abandonment pursuant to NRS 534.090.

Assembly Bill 104 and Senate Bill 36

AB 104 proposes to establish an Account for Retiring Water Rights and the Nevada Voluntary Water Rights Retirement Program (“Program”) to be administered by the Director of the State Department of Conservation and Natural Resources (“Director”).

The Program would allow the Director to accept applications for the purchase and retirement of water rights until June 30, 2035. Under this proposal, the State Engineer will retire the water rights that are purchased and the water will not be available for appropriation. SB 36 has nearly identical provisions but calls the Program the Nevada Water Buy-Back Initiative.

Also contained in AB 104 is a section proposing to change the name of temporary permits to revocable permits. There is also a section prohibiting domestic well drilling if the property is within 1,250 feet of a public entity service line.

Assembly Bill 265

            AB 265 proposes to amend NRS Chapter 533 to require the Nevada Division of Water Resources to notify water appropriation applicants if a committee is assigned to review the application. The bill places deadlines on the committee to complete the application review within 30 days after the protest deadline passes if no protests are timely filed, and within 60 days if a protest is received. The bill goes on to set deadlines for the State Engineer to act on other processes including reviewing applications for water use, extension of time applications, and confirming reports of conveyance to update water right ownership inforamation.

Lastly, under AB 265, the State Engineer will be required to notify a permit holder 30 days before the due date that a permit will be held in cancellation if a proof of completion of work or proof of application of water to beneficial use is not filed.

Take Aways from the 2025 Legislative Session

            These bills illustrate the increasing necessity to conserve water resources in Nevada while safeguarding senior priority water rights. Additionally, AB 265 addresses the increasing concern over the backlog in the State Engineer’s office. It sets deadlines to allow for the prompt administration of water rights. Now it will be up to the State Legislature and the Governor to decide if these bills will become law.

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Is Specialized Training for Nevada Water Judges Working?

Most agree that the Nevada Supreme Court’s initiative to provide specialized training for Nevada water judges was a significant step towards improving the adjudication of water law cases in the state. However, the jury is still out when it comes to determining the overall success of the program. This initiative, launched as a pilot program in January 2024, aims to enhance the expertise of district court judges in handling complex water law issues.

Pilot Program for Training Nevada Water Judges

The Water Judges Pilot Program follows extensive research and recommendations by the Commission to Study the Adjudication of Water Law Cases. The program mandates that the 15 judges who have completed the specialized training, preside over water law cases. This training is designed to cover key topics in water law and technical issues, ensuring that judges are well-equipped to handle the intricacies of these cases.

The certification process involves judges submitting an application and completing a training program. Supreme Court Rule 18, which outlines the criteria for water law cases and the assignment process. governs the program.  Nevada looks to the Dividing the Waters[2] program at the National Judicial College for curriculum and will require these Nevad water judges to undergo continued legal education. So far the program has not heard many cases, suspecting the reprieve in drought and abundant water supply in the last few years as correlating with the reduced number in cases coming before court. However, the program will likely reconvene at the end of the three-year pilot time period to review the statistics to assess the success of the program.

Justice Parraguirre’s Insights at the NWRA Conference

At the recent Nevada Water Resources Association (NWRA) conference, Justice Ron Parraguirre of the Nevada Supreme Court delivered a keynote presentation highlighting the progress and challenges of the pilot program for Nevada water judges. Justice Parraguirre emphasized the importance of specialized training in ensuring efficient and consistent administration of water law cases. Justice Parraguirre also discussed the ongoing efforts to refine the training curriculum based on feedback from Judges and stakeholders.  Currently, the program is aimed at NRS Chapter 533 use in management of water use, regulating and understanding surface water and groundwater connections, water rights adjudications, and understanding vested and subordinate water rights, among others. 

Justice Parraguirre’s presentation underscored efforts in the judiciary and at NWRA in addressing water law and technical issues. He praised the NWRA for its role in providing valuable resources and training opportunities for all water professionals. Justice Parraguirre advised that the one thing water experts can do better is teach!  Being able to break down concepts and teach those in the court room is key to the successful and consistent administration of water cases.

For more on Nevada Water Law see Nevada Archives – Schroeder Law Offices, PC

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April 22^nd, 2023, is the 53^rd 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 22^nd, 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.

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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.

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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.

What is a Nevada Water Attorney?

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.

What do Nevada Water Attorneys do?

Water Rights

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.

Water Management

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.

Water Disputes

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.

Environmental Law

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.

Conclusion

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.

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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.

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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!

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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. 

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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.

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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. 

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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!

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            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!

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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.

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