Was your upcoming water law conference cancelled? Or are you itching to learn more about Oregon water law, but could never attend one of Schroeder Law Offices speaking events? Stuck inside due to Covid-19 orders? You’re in luck! Laura Schroeder will be offering a series of free webinars this spring covering a wide range of […]
Announcement: Covid-19 Water Law Webinar Series Registration Now Open Read More »
More and more in Oregon, hopeful groundwater use applicants are finding that proposed uses of groundwater are denied by the Oregon Water Resources Department due to the agency’s finding of hydraulic connection with surface water sources and the potential for groundwater use to cause substantial interference with existing surface water rights. When the agency makes
Surface-Water-to-Groundwater Transfers: Too Connected or Not Connected Enough? Read More »
It’s that time of year again! As 2018 draws to a close, Schroeder Law Offices wants to remind Oregon water users that the deadline to submit water use measurements to the Oregon Water Resources Department (“OWRD”) is December 31, 2018. Many permits and certificates for both surface and groundwater rights contain language specifying the type
Year End Water Use Reporting Deadline Approaches! Read More »
A lot has changed since 1909, when Oregon enacted its Water Code and the water use permit system began. Obtaining a water use permit can be a lengthy and detailed process. If you’re not careful you can limit the flexibility of your water permit through self-imposed conditions without realizing it. For example, Schroeder Law Offices
Careful of Self-Imposed Water Use Conditions Read More »
On February 1, 2018, the Ninth Circuit Court of Appeals upheld the “groundwater conduit theory,” whereby a discharge of pollutants into groundwater that is fairly traceable to a navigable surface water is the functional equivalent of a discharge directly into the navigable water body for the purpose of regulation under the Clean Water Act. This
Ninth Circuit Upholds Groundwater Conduit Theory Read More »
As the 2018 irrigation season approaches, and on this eve of March 1st, please remember to review your water use right permit and certificate documents to remind yourself of any measurements you are required to take! Many water use permits and certificates require you to track your water use each month and then report your
Well Level and Water Use Measurements Reminder Read More »
By Therese Ure and Lisa Mae Gage Many people are familiar with looking up water right information on Nevada Division of Water Resources (“NDWR”) database and are familiar with reading water right applications, permits and certificates. Is that information reliable enough to conclusively show what your water rights are? The answer is no. Several factors
Your Water Rights Are Valuable, Do You Really Have What You Think You Do? Read More »
On December 19, 2017, Nevada State Engineer issued Order No. 1293, prohibiting the drilling of new domestic wells in the Pahrump Artesian Basin. Previously, the State Engineer designated lands in Pahrump Artesian Basin as coming under the provisions of underground water law through Orders 176, 193 and 2051. Prior Orders stated that new applications would
New Domestic Well Prohibition in the Pahrump Artesian Basin Read More »
The Oregon Water Resources Department will no longer be issuing water use permits for “nursery operations use” in the Willamette, Sandy, and Goose & Summer Lakes Basins. This decision follows a very long history of the Department’s issuance of nursery operations permits all across the State, including these basins. The Department recently decided to read
Nursery Operations Use Permits Halted in Oregon Basins Read More »
Do you remember when extensions of time were approved by the Oregon Water Resources Department routinely with ease? That time was over for municipal water providers years ago (see related article); however, until recently, other permit holders simply faced increasing amounts of application paperwork. Now, that time may be over for every permit holder. Our
Oregon Extensions of Time Receive Increased Scrutiny Read More »
The State Engineer held informational meetings on July 17 through July 20, 2017 regarding its Preliminary Draft Humboldt River Conjunctive Management Regulations. The State Engineer is proceeding through administrative rulemaking process to define how Humboldt River Decreed water rights and groundwater rights will be conjunctively managed. If you were unable to attend the informational meetings,
Conjunctive Management of the Humboldt River Basin and Effects on Small Businesses Read More »
As the 2017 irrigation season approaches, Oregon water permit and certificate holders may want to review the terms of those permitted and certificated uses for measurement and reporting requirements. Many groundwater permits and certificates require annual reporting of various water measurements, most notably measurements for static water levels of wells, flow meter readings or perhaps
Measurement and Reporting Requirements for Water Use Read More »
Last month, attorney Sarah Liljefelt organized a tour of the Whooshh Innovations fish passage structure constructed for the Washington Department of Fish and Wildlife on the Washougal River. Members of the Oregon State Bar Environmental and Natural Resources Section attended, including attorneys in private practice, working for the State of Oregon, and public interest. Whooshh
Flying Fish Passage! Read More »
The Oregon Water Code provides that construction of a water system must be completed within certain time limits from issuance of water use permits (5 years for non-municipal water use permits, and 20 years for municipal permits). ORS 537.230 (“…the holder of a water right permit shall prosecute the construction of any proposed irrigation or
New Oregon Water Permit Condition to Begin Construction Read More »
Oregon Revised Statute 537.225 was enacted in 2013, allowing water use permit holders with irrigation, nursery, temperature control, stock watering, or agricultural water uses and subsequent completion dates to apply for assignment of all or part of the water use permit, and for the issuance of a replacement water use permit that reflects that assignment.
Oregon Water Use Permits May be Split Read More »
By Derek Bradley Most municipalities have water use permits reserved for their current needs and projected future growth, typically in the form of one or more municipal water rights of use or permits. These water use permits have timelines for the cities to fully develop the beneficial use entitlement. Based on current population and use,
Fish Persistence and Municipal Water: Oregon SB 712 Read More »
