The Greater Idaho Movement is a fascinating and complex effort that has gained traction in recent years. This movement seeks to redraw the state boundaries. Several counties in eastern Oregon would become part of Idaho. The primary motivation behind this movement is the cultural and political differences between the rural, conservative eastern Oregon and the more urban, liberal western part of the state. 

Water: A Critical Issue in the Greater Idaho Movement

One of the critical issues at the heart of this movement is water rights. Water is a precious resource in the arid regions of eastern Oregon and Idaho. The management of water rights is crucial for agriculture, industry, and residential use. Water rights in the western United States are governed by the doctrine of prior appropriation, which essentially means “first in time, first in right.” This doctrine has been the foundation of water law in both Oregon and Idaho for over a century. However, the implementation and management of these rights can vary significantly between states.

In Oregon, water rights are managed by the Oregon Water Resources Department (OWRD). The state has a comprehensive water management plan that includes strict regulations on water usage, conservation efforts, and environmental protections. In addition, OWRD has ceded its application processes in large part to the Oregon Department of Fish & Wildlife (ODFW). These regulations can sometimes be viewed as burdensome by farmers and ranchers in eastern Oregon. They feel that their needs are not adequately represented in the state’s policies.

Idaho, on the other hand, has a more fluid approach to water management. The Idaho Department of Water Resources (IDWR) oversees water rights at the State level, but there is generally more local control and flexibility in how water is allocated and used.  Additional agencies, such as state fish and wildlife do not oversee or inform IDWR’s work. This approach is often seen as more favorable by those in the agricultural sector, as it allows for more adaptive management practices that can better respond to local conditions.

What if the Greater Idaho Movement Succeeds?

If the Greater Idaho Movement were to succeed, the counties that join Idaho would transition from Oregon’s water management system to Idaho’s. This shift could have several implications:

1. Regulatory Changes: Farmers and ranchers in these counties might experience a reduction in regulatory burdens, allowing for more flexible water usage. This could lead to increased agricultural productivity and economic benefits for the region.
2. Water Allocation: The change in state governance could also impact how water is allocated among different users. Idaho’s system might provide more opportunities for local stakeholders to influence water management decisions. That could lead to more equitable distribution of water resources.
3. Environmental Concerns: While the transition might benefit agricultural users, there could be concerns about the environmental impacts of less stringent water regulations. A critical challenge will be ensuring that water usage remains sustainable and that ecosystems are protected.
4. Interstate Water Compacts: The movement could also affect existing interstate water compacts and agreements. These legal agreements govern the allocation of water from shared rivers and aquifers between states. Any changes in state boundaries would require renegotiation of these compacts to ensure fair distribution of water resources.

Conclusion

The Greater Idaho Movement is more than just a political and cultural shift. It has significant implications for water rights and resource management. As the movement continues to evolve, it will be essential to carefully consider how these changes will impact the people and ecosystems that depend on water in this region. Balancing the needs of agricultural users with environmental sustainability will be key to ensuring a prosperous future for all involved.

Schroeder Law Offices works with clients in both Idaho and Oregon as well as Nevada, Washington and Utah.

House Bill 3419: What’s Next for Well Monitoring and Reporting?

Oregon House Bill 3419  has the potential to restrict how much water homeowners can pump from their exempt (non-permitted) wells. It requires meters to record water usage. This bill also focuses on constructing consistency in how water use is measured and reported, in hopes to refine water enforcement procedures.

Most types of water use require the user to obtain a permit from the Oregon Water Resources Department (“OWRD”). But Oregon law currently considers domestic use of up to 15,000 gallons of groundwater per day, including irrigation of lawns and non-commercial gardens less than one-half acre, exempt from permitting and reporting requirements. This could change under HB 3419.

Public Feedback

Public response to House Bill 3419 has been mixed. While environmental protection organizations like WaterWatch of Oregon, the Nature Conservancy, and the Oregon Environmental Council support the passage of House Bill 3419, many individuals have provided public comments in opposition. The Oregon Water Resources Congress (“OWRC”) also opposes HB 3419, stating, “We are not opposed generally to measurement and reporting… However [HB 3419] would provide OWRD with overly broad authority that will only compete with and undermine other ongoing water management efforts.”

Mark Owens, Oregon State Representative for House District 60, has said he is opposed to any bill that would establish constraints for rural residents who rely on exempt wells for their domestic water. House District 60 includes Baker, Grant, Harney, Lake, Malheur, and part of Deschutes Counties in central and eastern Oregon. Many residents of these rural counties rely on private wells to obtain domestic water. Owens’ aim is to make things less complicated for Oregonians. H wants to ensure access to secure and reliable water for their homes. He spoke about possibly setting up a fund to support repairs and replacements of wells that have been affected by droughts, fires, and contamination.

Conclusion

It is important that well owners, especially those who rely on exempt wells for domestic use, maintain awareness of potential rules and regulations that could require additional procedure concerning their water access. House Bill 3419 is currently in front of the Oregon House Committee on Agriculture, Land Use, Natural Resources, and Water. There are no scheduled hearings on this bill, and the deadline to submit testimony has expired. We will continue to monitor the progress of HB 3419, so check back for updates! If you’re interested in learning more about ongoing water right issues, visit our the Schroeder Law Offices, PC blog!

More Information about House Bill 3419

1. Oregon Well Owners Face New Restrictions: State Proposes Controversial Monitoring Plan – The Hillsboro Herald
2. Farmers fret water meter mandate (HB 3419 hearing) | Oregon Catalyst
3. Good News – The Oregon Legislature is Not Trying to Meter Your Domestic Well – Oregon Property Owners Association
4. Agriculture, Land Use, Natural Resources, and Water House 2025 Regular Session – Oregon Legislative Information System
5. OWRC Testimony

Oregon Snowpack: A Winter Wonderland in 2025

With the first day of spring just around the corner, Oregon’s snowpack is now a topic of significant interest and importance. This year, Oregon has experienced remarkable snowfall, leading to a snowpack that is not only above average but also the best in the western United States. What does this record-breaking year mean for the region?

A Record-Breaking Oregon Snowpack

As of February 2025, Oregon’s snowpack has reached an impressive 144% of normal levels with all watersheds at 77% or higher of median snow-water levels. The John Day, Malheur, Harney, and Lake County-Goose Lake watersheds all have more than 150% of median snow-water levels. The levels across the state look very similar to those in 2019.

The accumulation is due to a series of cold winter storms providing large amounts of snow across the state. The heavy snowfall has been a welcome sight for many, especially after several years of fluctuating snowpack that raised concerns about water supply and drought conditions. Oregon has enjoyed a successful winter ski season. Skiing is expected to continue far into the spring, with many ski areas near or at 100 inches of snow.

Implications for Water Supply

This substantial Oregon snowpack is not only enjoyed for recreational winter snow uses. It also bodes well for water users during the rest of the year. The current snowpack levels are a positive sign for Oregon’s water supply. With snowpack levels well above average, the state is better positioned to meet water demands for agricultural and recreational uses, especially with irrigation seasons starting in March. The ample snowpack reduces the immediate risk of drought, providing a buffer against dry conditions that could arise later in the year.

Looking Ahead

While the current Oregon snowpack levels are encouraging, it is important to remain cautious. In recent years, strong snowpacks have melted too quickly due to early warm temperatures in spring and summer. This faster melting reduces the snowpack’s ability to prevent wildfires. It is wise to approach the season with caution and to be well-prepared.

All in all, this is good news for Oregon water users, and we will hope for a bountiful summer.

Integrated Water Resources Strategy: Oregon IWRS

IWRS means Oregon’s statewide Integrated Water Resources Strategy. On November 12, 2024, six Oregon departments hosted a public meeting to discuss IWRS priorities for the next five to 7 years. Sponsoring departments included:

• Water Resources Department
• Department of Fish and Wildlife
• Department of Environmental Quality
• Department of Agriculture
• Watershed Enhancement Board
• Department of Land Conservation and Development

Over 50 people attended both online and in person in Salem, including Schroeder Law Offices, to learn what the agencies believed were the most important actions for the state to take related to water quality and quantity concerns.

What IWRS Is

The IWRS is a state-wide initiative for inter-agency communication to understand Oregon’s instream and out-of-stream water needs. Governor Kotek requested a pause on IWRS after the agencies issued the first draft of the priorities since many agencies were transitioning to new directors.

The IWRS has 47 required actions, and the agencies decided to break these actions down into three “buckets”. They are titled 1) Prevent Things from Getting Worse; 2) Optimize: Highest and Best Use; and 3) Help Communities Prepare and Adapt.

The first bucket concerns sustainable practices and limiting and reducing contamination of water resources. The second bucket concerns prioritizing innovative water solutions and data-driven projects for decision-making. The third bucket concerns informing the public of what the “water future” looks like, helping economies adapt to water changes, and increasing volunteer-based incentive programs for target priorities. The public had the opportunity to comment on the agencies’ priorities. They provided questions and feedback as well.

Commenters questioned the lack of enforcement language within the goals from the Department of Environmental Quality, such as in the Lower Umatilla Basin Groundwater Management Area. This area, referred to as the “LUBGWMA,” experiences challenges with nitrate levels in domestic wells that are not connected to a community or municipal system. Commenters also questioned the scale of the projects to ensure the projects could be feasibly implemented in all communities.

Next Draft Coming in January, 2025

The agencies will publish the next draft for the IWRS in January 2025 which will include these priority areas. The public can submit comments to the draft IWRS. If you have interest in these projects or concerns, be sure to submit comments to the agencies for their consideration. After public review and comment, the agencies will present the draft to the Water Resources Commission in March 2025 for a workshop discussion. The agencies expect to provide the Final Draft of the IWRS to Water Resources Commission in late Spring 2025, with a hope of official adoption in June 2025.

Issues that need Water Attorneys

Water right attorneys focus their practice on complex and important issues in Oregon, where all water belongs to the public. Anyone who wants to use water from any source, whether surface or groundwater, must obtain a permit or license from the Oregon Water Resources Department (OWRD), unless they qualify for a statutory exemption. In Oregon, water rights of use are based on the principle of prior appropriation. This means the first person to use water or apply for a permit has the senior priority. Under the pure prior appropriate system and in times of shortage, water users with the senior priority can demand the water specified in their right of use, regardless of the rights of use held by junior users.

Water users in Oregon include farms, vineyards, nurseries, livestock enterprises, dairies, single residences, homeowner’s associations and developments, cities, commercial businesses, and other entities. They may need legal assistance for various reasons, including obtaining, transferring, or defending water rights; complying with health and utility regulations; resolving disputes or enforcement actions by regulating agencies such as the Oregon Department of Water Resources; conducting due diligence for transactions or developments; and participating in rulemaking or legislative processes.

For a more detailed discussion of Oregon water rights, see this article. Or visit our blog.

What to Look For in a Water Attorney

When looking for an attorney for water rights in Oregon, there are several factors to consider, such as:

• Experience and expertise: Water law is a specialized and dynamic field that requires a thorough knowledge of the relevant statutes, rules, case law, and administrative procedures. An attorney who has experience and expertise in water law can help clients navigate the complex and often changing legal landscape. Practiced attorneys can provide effective representation and advice. Some indicators of experience and expertise include the attorney’s education, credentials, publications, memberships, awards, and testimonials.
• Fees and costs: Water law matters can be time-consuming and costly, depending on the complexity and scope of the issue. An attorney who is transparent and reasonable about their fees and costs can help the client budget and plan accordingly. Some attorneys may offer different fee arrangements, such as hourly, flat, contingent, or hybrid. This would depend on the nature and circumstances of the case. The client should discuss and agree on the fee arrangement with the attorney before hiring them.
• Reputation and rapport: Water law issues can be contentious and sensitive, especially when they involve competing or conflicting interests. An attorney who has a good reputation and rapport with the OWRD, other agencies, courts, and stakeholders can help the client achieve a favorable and timely resolution. Moreover, an attorney who is trustworthy, respectful, and professional can establish a rapport with the client and understand their goals and expectations.

Ways to Find an Oregon Water Attorney

To find an attorney for water rights in Oregon, the client can use various sources, such as:

• Referrals: The client can ask for recommendations from people they know and trust, such as friends, family, colleagues, or acquaintances, who have dealt with water law issues or hired an attorney for water rights in Oregon. Referrals can provide firsthand information and feedback about the attorney’s performance and personality.
• Online: Just use one of the various search engines like Google or Bing.
• Websites: The client can visit the websites of attorneys or law firms that specialize in water law in Oregon, such as Schroeder Law Offices. These websites often provide detailed information about their services, experience, expertise, and contact information. Websites can also showcase the attorney’s portfolio, publications, and achievements.
• Consultations: The client can contact and schedule consultations with potential attorneys for water rights in Oregon. Most will offer a free hour either by phone, Zoom, or in person, to discuss their specific issue and needs. Consultations are a good method to evaluate the attorney’s suitability and compatibility. Consultations also allow the client to ask questions and clarify any doubts or concerns they may have.

In Conclusion

In conclusion, finding an attorney for water rights in Oregon can be a challenging task. By considering the factors mentioned above and using the sources suggested, the client can make an informed and confident decision.

Disclaimer: This is not legal advice and should not be relied upon as such. The information provided is for general informational purposes only and does not constitute an attorney-client relationship. The client should consult with a licensed attorney in their jurisdiction before taking any legal action.

For more information please call +1 (800) 574-8813, use our convenient form, or visit the Water Law Blog.

See Also what to expect when you call a water attorney.

Looking for something fun and educational to do this weekend? Why not check out the Oregon State Fair! This year’s fair runs through Monday, September 4th. The event boasts tasty snacks, a stacked lineup of musical guests, and events celebrating Oregon’s farm and agriculture community. This coming weekend marks the second and final weekend of the fair and is being held as usual on the Salem, Oregon Fairgrounds.

While you’re there, be sure to stop by the Oregon Women for Agriculture booth. Founded in 1969, Oregon Women for Agriculture educates the community on the importance of sustainable agriculture to the environment and economy.

Find event details on the Oregon State Fair website by clicking here: https://oregonstatefair.org/.

            Schroeder Law Offices is pleased to announce that Kelsey Seibel has joined the firm as a new associate attorney in Portland, Oregon. Kelsey received her Juris Doctorate from the University of Denver Sturm College of Law in May 2021. She was admitted to the Oregon State Bar on February 24, 2022.

            Kelsey Seibel gained experience in water law through working on the University of Denver Water Law Review during law school, of which she served on the editorial board for two years as an Articles Editor. Kelsey also received a Bachelor of Arts in Economics and Environmental Studies from the University of Wisconsin – Madison. While studying for her Bachelor’s, Kelsey’s area of focus included environmental policy and history surrounding global environmental issues.

            Kelsey’s previous professional experience includes clerking for Judge Christine C. Antoun in the Colorado Judicial Branch Second Judicial District in Denver, Colorado. During her time, she was awarded “2022 Outstanding Courtroom Employee.”

            Kelsey grew up in Milwaukee, Wisconsin along Lake Michigan. When asked about her interest in water law, Kelsey says, “I always knew I wanted to work with natural resources and in the environmental law area. When I decided to go to the University of Denver for law school, I chose to write on the Water Law Review to learn more about water law and water rights in the west. I enjoy the area of water law because it combines my interests in efficient use of natural resources with sustainable growth and allocation of resources.”

            For fun, Kelsey enjoys outdoor activities like camping, running, and biking, as well as baking, cooking, and watching Wisconsin football.

            Kelsey could not be more excited to join Schroeder Law Offices and is determined to work as a passionate advocate to assist in all client needs.

Senior paralegal Tara Lomacz and her family will be attending the annual 2023 Oregon Ground Water Association Picnic and Campout! The event will be held on August 11th through August 13th at Pelton Park in Madras, OR. Join in celebrating OGWA’s 75th anniversary. Activities will include a potluck and cooking contest, the annual horseshoe tournament, and plenty of games and prizes. To learn more about OGWA’s annual campout, visit the event website here.

What brought you to Schroeder Law Offices?

I had been interested in the legal field for some years before I started with Schroeder Law Offices. I was working in a different industry and was finally ready to make a change when I found SLO. Ultimately, it was the close-knit office culture, opportunities for education, and fascinating specialty that convinced me that this was where I was meant to be.

What is your go-to productivity trick?

I am a strict to-do list person. No matter how small the task is, it’s added to my list. If I really need to buckle down and focus on a large task I have found that listening to brown noise is extremely effective at calming and providing focus.

What is something you find fascinating about water law?

The first aspect that drew me in was the history. I love to research water rights, and it is also so interesting to learn about rights stemming from the early 20^th century and even earlier.

What do you like to do for fun on the weekends?

My favorite down time activity is spending time with my husband and my dog, either at home or exploring the trails in the Pacific Northwest. Otherwise, I like to binge watch a good television show and catch up on reading.

What is your favorite book or movie?

Pride and Prejudice by Jane Austen.

What’s it like to work at Schroeder Law Offices?

Every day is a new adventure.

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.

Oregon Women for Agriculture will be hosting their Annual Auction and Dinner on April 15th, 2023 at the Linn County Fair & Expo Center in Albany, Oregon. This year’s theme is “From Farm to Forest- and Everything in Between.” Shareholder Laura Schroeder, firm administrator Scott Borison, and senior paralegal Tara Lomacz are excited to be attending the event.

Founded in 1969, Oregon Women for Agriculture began with the mission to “work together to communicate the story of today’s agriculture.” The organization is passionate about educating the community on the importance of sustainable agriculture to the environment and economy. Their work can be found in their support of programs including Oregon Agriculture in the Classroom and the Summer Agriculture Institute. These programs are meant to help students learn the importance of agriculture in their day-to-day life, like understanding how their food makes it from the farm to the grocery store. OWA is also responsible for the popular crop identification signs that can be found all along Oregon’s roadways. These signs help spread the word on the hundreds of different crops farmers grow all across the state.

The 2023 Oregon Women for Agriculture Annual Auction will help support OWA so that they can continue their work in the Oregon community for years to come! The event will feature a silent auction and dinner, as well as a live auction beginning at 7:15 pm. Visit the event website here for details on ticket cost, reserving a table, and more. We hope to see you there!

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.

As of September 13^th, 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 the Deputy Director of Water Management.  

During his tenure as the director, Tom Byler dedicated his time to modernizing the department’s programs and services to meet the Oregon community’s ever changing water needs. Byler also worked to increase OWRD’s capabilities to collect and analyze data to manage Oregon’s surface and groundwater resources throughout the state.

In the official press release regarding his retirement, Byler said, “As I look to the future of water resources in Oregon, I anticipate that water issues will continue to become more and more complex and challenging.” Byler added, “I am excited about the Department’s increasing capabilities to help communities address those issues.” Though he may be retiring from his current position, Byler intends to carry on his work in water and natural resources issues into his retirement.

The Oregon Water Resources Department is the state agency responsible for ensuring adequate and sustainable water supply to meet present and future needs. To learn more about OWRD, visit their website here: https://www.oregon.gov/owrd/. 

In the article “Trends in Clinical Legal Education Affecting Agriculture” by Caroline Lobdell and Scott Horngren, the authors provide a thorough look into the current state of environmental, agricultural, and animal law programs in law schools throughout the country. Though environmental law programs have steadily increased since the passage of groundbreaking environmental laws in the 1970s, the authors argue that these programs fail to offer a balanced education on agriculture and environmental law. Instead, they often focus exclusively on fighting for environmental causes. In doing so, they neglect to cover the interests of farmers, ranchers, and other natural resource users, who make up a huge part of environmental and agricultural interests.

Rather than viewing natural resource use as inherently wrong or not worthy of study, the article urges law programs to educate students on the interests of natural resource users and the cases they may come across in these industries as lawyers. In doing so, law students will get a more well-rounded understanding of environmental and agricultural issues, be better equipped to anticipate opposing arguments, and even work together with natural resource users in pursuing conservation efforts.  

To showcase the positive impact of a well-balanced environmental and agricultural education, the article uses Lewis & Clark’s Western Resource Legal Center (WRLC) as a case study. The law clinic, incorporated by Laura A. Schroeder, aimed to help students understand the interests of ranching, farming, timber, and other resource dependent industries. WRLC was later incorporated into Lewis & Clark to follow a seminar format to address legal issues affecting these industries in addition to an externship program that has partnered with the Oregon Farm Bureau, the Oregon Cattleman’s Association, American Forest Resource Council, Schroeder Law Offices, and others. With so many students willing to share positive experiences, the article makes a compelling argument for law schools to implement similar programs in their environmental law curriculums.  

WRLC’s founder and former Dean of Lewis and Clark Law School, James Huffman described the program as “a little boat that is finally afloat.”  On WRLC’s inception, Huffman stated “[t]here is a lot more to be done to make it seaworthy and expand the fleet, but it can be done.”  As budding law students with agricultural backgrounds, WRLC alumni, such as Schroeder Law Offices’ Associate Attorney Caitlin Skulan, were able to obtain a more balanced legal education as it pertains to the natural world and the resources we rely on. WRLC was a life raft in a sea full of environmental advocacy opinions on the Lewis and Clark campus.  The balance of working with farmers, ranchers, timber harvesters, and other sustainable natural resources users offers law students a reprieve from viewpoints that organizations like Farm Bureau and Cattlemen’s Associations are the villains of the environmental story. 

Similar to environmental advocacy focused clinics, students are still exposed to a whole host of environmental laws including the Endangered Species Act, the National Environmental Policy Act, the Clean Water Act, and state and federal Administrative Procedure Acts.  WRLC students have an opportunity to participate in real cases with the people who work and rely on natural resources and take pride in their roles as stewards of the land their livelihoods rely on.  As an employer of WRLC Alumni, Schroeder Law Offices hopes to see similar programs emerging at other law schools to better prepare future lawyers to represent our valued clientele.   

To learn more about WRLC and the current state of environmental, agricultural, and animal law programs, check out the link to the full article here.

            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 Hall. This space was dedicated to showcasing agriculture in Oregon along with the beautiful works of local authors, photographers, and textile artists. At the Oregon Women for Agriculture booth, Tara and Madeleine had a great time speaking with fairgoers on agriculture and water issues in Oregon.

            To encourage fairgoers to stop by the booth, guests were challenged to spin the trivia wheel for questions on agriculture and farming in Oregon. The questions tested guests’ knowledge on everything from Oregon’s state beverage (milk, if you’re wondering) to how many gallons of water a cow drinks in a day (a whopping 20-30 gallons!). Guests were delighted to realize that they already knew a thing or two about Oregon agriculture (and were pretty happy about the prizes, too).

The Oregon Women for Agriculture booth also featured a map highlighting the water issues currently affecting agriculture and local farmers throughout Oregon. As fairgoers read through the map, many shared their own experiences with water issues and asked about what might be done to protect the natural resource in Oregon. It was rewarding to see guests take such an interest in local agriculture, and Schroeder Law Offices was happy to spread the word on its importance to the environment and economy.

            As the trivia games and discussions came to a close, the fair was just getting started. There was still tons of fun to be had, from checking out live music to indulging in every snack you could imagine. Leaving the fair with an ice cream cone in hand, we were grateful for the opportunity to join in on the fun!

Schroeder Law Offices will be working the Women for Agriculture booth at the Oregon State Fair on Friday, August 26th from 1:00 PM to 3:30 PM and Sunday, August 28th from 3:30 PM to 6:00 PM.

This year’s Oregon State Fair boasts some truly spectacular sights, including agriculture competitions, musical guests, and plenty of opportunities to learn about Oregon farmers and ranchers. If you’re looking to end your summer on a high note, why not Join Schroeder Law Offices at the Oregon State Fair? Friday marks the start of the 11 day event, which runs from August 26^th to September 5^th at the Salem, Oregon Fairgrounds.

Tara Lomacz will be working the Oregon Women for Agriculture booth on Friday, August 26^th from 1 to 3:30 PM and Sunday, August 28^th from 3:30 PM to 6 PM. Madeleine Criglow will also be working the booth that Sunday afternoon to join in on the fun.

Come celebrate and learn about the achievements of all Oregonians, including Oregon’s farmers and ranchers. While you’re there, check out the exciting special events, thrilling competitions, and tasty food.

Find event details on the Oregon State Fair website by clicking here: https://oregonstatefair.org/. We hope to see you there!

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.

[This article was originally published in the February, 2022 Oregon Real Estate and Land Use Digest by the Section on Real Estate and Land Use, Oregon State Bar]

In Oregon, water rights must be beneficially used according to their terms at least once every five years to remain in good standing. If they are not, water rights are subject to cancellation for forfeiture. ORS 540.610. Thus, Oregon’s forfeiture statute enacts the “use it or lose it” principle that is common in Prior Appropriation water system states. Water right holders must use their water rights or risk cancellation.

In the late 1980s, the Oregon State Legislature recognized instream beneficial uses for water, allowing the State to hold or lease water rights for instream purposes such as recreation, navigation, pollution abatement, and fish and wildlife. Under ORS 537.348, water right holders may temporarily lease water rights to the State for instream purposes for up to five years, renewing such instream leases thereafter. The statute provides that water rights leased instream are “considered a beneficial use.” ORS 537.348(2). As such, the forfeiture provisions of ORS 540.610 are not triggered during the period a water right holder leases their water right instream. Many water right holders use the instream lease program to safeguard their water rights in times when such water rights might not otherwise be used once every five years. The instream lease program serves dual purposes of providing instream flows while protecting private property interests in water use.

WaterWatch of Oregon v. Water Resources Department, 369 Or 71 (2021), questioned whether a hydroelectric water right could be leased instream and thereafter, once the lease(s) expired, be used again for hydroelectric or other beneficial uses of water. At issue in this case is a hydroelectric water right held by Warm Springs Hydro, LLC (“Warm Springs”). In 1995, Warm Springs’ predecessor shut down the associated hydroelectric project and began a series of instream leases from 1995 to 2020. WaterWatch of Oregon (“WaterWatch”) petitioned for judicial review of the Oregon Water Resources Department’s (“OWRD’s”) final order approving the 2015-2020 instream lease, and Warm Springs intervened.

In addition to the forfeiture provisions that are applicable to all water rights, ORS 543A.305 (enacted in 1997) applies specifically to hydroelectric water rights. The statute provides:

Five years after the use of water under a hydroelectric water right ceases, or upon expiration of a hydroelectric water right not otherwise extended or reauthorized, or at any time earlier with the written consent of the holder of the hydroelectric water right, up to the full amount of the water right associated with the hydroelectric project shall be converted to an in-stream water right, upon a finding by the Water Resources Director that the conversion will not result in injury to other existing water rights.

ORS 543A.305(3). Further, the statute specifies that the conversion to an instream water right “shall be maintained in perpetuity, in trust for the people of the State of Oregon.” ORS 543A.305(2).

Prior to this case, OWRD interpreted ORS 543A.305(3) similar to the forfeiture statute; that is, so long as a hydroelectric water right continues to be used for hydroelectric water use or another beneficial use under an instream lease, the hydroelectric water right is not subject to conversion to a permanent instream water right. WaterWatch challenged OWRD’s interpretation, arguing hydroelectric water rights are subject to conversion five years after the specific hydroelectric use of water ceases. The Marion County Circuit Court and the Oregon Court of Appeals both ruled in favor of OWRD and Warm Springs, but the Oregon Supreme Court reversed and remanded the decision on December 23, 2021.

The Oregon Supreme Court reviewed the text of the two statutes in conjunction with the context of the statutes and legislative history. The Court held “the use of water under a hydroelectric water right” means water use only for hydroelectric purposes as specified in the water right certificate, and does not include beneficial use under an instream lease. WaterWatch of Oregon, 369 Or at 88-89. The Court reasoned that once a hydroelectric water right is leased instream, the beneficial use is converted to another purpose other than hydroelectric water use. Id. at 91-94. The Court further held that “ceases” under the statute has an ordinary meaning, so Warm Springs’ water right was subject to conversion to an instream water right in the year 2000, five years after the hydroelectric project was shut down. Id. at 89-91.

The Oregon Supreme Court’s ruling will have significant impacts on hydroelectric water rights in the State. Most obviously, other hydroelectric water right holders in situations analogous to Warm Springs may face conversion of their hydroelectric water rights to permanent instream water rights. As such, property owners who believed they were appropriately safeguarding valuable water right holdings through instream leases may find themselves mistaken.

Another consequence of the Court’s decision is that instream leases over four years in length are essentially “off the table” for hydroelectric water rights. Hydroelectric water uses must resume within five years or risk conversion to permanent instream water rights. Thus, there is no incentive for hydroelectric water users to lease their water rights instream to avoid forfeiture, and, in the process, guarantee instream flows. Instead, the ruling incentivizes quick transfers to other, possibly more consumptive, water uses through the transfer process before the hydroelectric water right is converted to a permanent instream water right. ORS 543A.305(7).

Finally, conversion of appropriative water rights to instream water rights allows the State to enforce against upstream junior water users to ensure instream rights are satisfied. Conversion of large, early priority hydroelectric water rights to permanent instream purposes may have the outcome of increased regulation against other water right holders.  

The original article is available in PDF format here.

The Oregon Legislature’s short session officially begins today, February 1^st. It is anticipated that water users and water managers alike can catch their breaths somewhat during the short session, since not as many water-related bills will be considered.

The 2021 regular session was a marathon for those of us closely following or involved in water resources policy and law. In that session, efforts continued to correct the State’s questionable opinion that storage water rights cannot be modified through the transfer process. Only character of use transfers are reauthorized for the time being. Additionally, a threat to the due process rights of regulated water users was advanced. Only through great efforts was the attempt abated with some compromises of additional procedures around stays of agency orders during judicial review. Moreover, an onerous and costly water use reporting bill was proposed, despite information from the Oregon Water Resources Department that other types of data should be pursued, like additional stream gages and satellite data for evapotranspiration. The bill did not pass, but it did spur broader conversations about water management and planning that continue currently. Finally, the groundwater exemption for livestock came under attack, as proponents unsuccessfully attempted to limit the exemption to a daily maximum. In addition to these bills, many more were proposed, some of which were enacted into law.

In 2020, I began the position of Water Resources Chair for the Oregon Cattlemen’s Association. The 2021 Legislative Session was my first opportunity to participate in a large number of legislative bills on behalf of the organization. The experience certainly kept me on my toes and gave me an entirely new perspective of legislators and those who engage heavily in legislation. The bills are numerous, long, and ever-changing throughout the session. There is always too much work to be done in too little time to build consensus, draft written testimony, and testify in hearings. In 2021, we also tackled the additional hurdle of remote hearings on proposed bills due to the Covid-19 pandemic. This is to say that the 2021 legislative session was challenging, but also very exciting and rewarding. I was honored to receive an award from the Oregon Cattlemen’s Association in recognition of these efforts for “distinguished Committee leadership, responsibility, knowledge, expertise, advocacy, and tireless service to cattle producers and the Oregon Cattlemen’s Association.”

Short sessions of the Legislature in Oregon are not intended to address substantial changes in the law. Thus, it is not surprising that less water-related bills are anticipated this year. However, one priority that began receiving additional attention in 2021 is anticipated to continue at the forefront in 2022: water theft for illegal cannabis operations. Funding was provided in a special session in 2021, and numerous news articles detail the problem in the midst of the severe and continuing drought in Oregon and the West. House Bill 4061 (2022) would allow the Oregon Water Resources Department to obtain warrants to inspect private property. Additionally, the bill would require persons who both deliver water and receive water deliveries to ensure such water is from legal sources and keep records to that effect. Finally, the bill proposes to increase civil penalties for illegal water use when the crop grown is cannabis.

It is possible that additional water-related bills will be proposed in the 2022 regular session. For the time being, I will enjoy a little bit of a break on this front, being mindful that the 2023 regular session is just around the corner!