regulation

Willamette Project’s 50 Year Anniversary: Flooding and Reallocation

The year 2019 marks the 50th anniversary of the Willamette Valley Project, a tumultuous time in the history of the project. These dams are operated by the United States Army Corp of Engineers’ (“Corp”) Portland District, which utilizes 13 dams to prevent flooding and provide water storage for various water users and aquatic species in […]

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Upper Klamath Basin Well Regulation through Proposed Rulemaking

Temporary Hold on Upper Klamath Basin Well Regulation through Proposed Rulemaking

            The Oregon Water Resources Department (“OWRD”) will present proposed temporary rules to the Water Resource Commission that would place a temporary hold on Upper Klamath Basin well regulation for two years, during which time OWRD would only regulate off wells within 500 feet of surface water sources in response to validated calls for water.

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National Groundwater Awareness Week

The 20th annual National Groundwater Awareness Week will occur between March 10 – March 16, 2019, and this year’s theme for awareness is “Think.” Though a simple theme, through “Think,” the National Groundwater Association (“NGWA”) urges us to “think” about how we impact our groundwater resources in our everyday lives. For National Groundwater Awareness Week

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EPA and Army Corps Issue Additional WOTUS Comment Period

  The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (“agencies”)  issued a supplemental notice of proposed rulemaking to seek additional comments on the repeal of the 2015 “waters of the United States” rule under the Clean Water Act (“2015 WOTUS Rule”). In July 2017, the agencies first issued a notice of

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Oregon Groundwater Presentations

Attorney Sarah Liljefelt presented at Halfmoon’s Water Laws and Regulations seminar on June 7th on the topic of Oregon Groundwater, teaching a group of engineers about groundwater ownership, regulation, and acquisition of groundwater use rights in Oregon. This week, on June 28th, Sarah will present at the Oregon State Bar Environmental & Natural Resources Section’s

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Conditions in the Klamath Basin Worsen in 2018

Water use conditions in the Klamath Basin continue to worsen in 2018. On March 8, 2018, a water “call” was made in the Klamath Basin, and the Oregon Water Resources Department (“OWRD”) began the validation process for shutting off junior water users. Within the week, on March 13th, Governor Kate Brown declared a drought in

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Hydropower Relicensing and Compliance with an Emphasis on Engagement

Hydropower relicensing and compliance has become a process of constant adaptation and engagement, both with regulatory agencies and with stakeholders. Both adaptation in the licensing and relicensing process and engagement early and frequently helps hydropower facilities better anticipate and adapt to a regulatory process that undergoes many changes in the life of a hydropower license

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WOTUS Rule Litigation Update

In 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued a joint administrative rule, the “WOTUS Rule,” attempting to define the statutory term “waters of the United States” within the Clean Water Act (“CWA”) in order to more clearly define the agencies’ jurisdiction. Schroeder Law Offices summarized the background and

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Nursery Operations Use Permits Halted in Oregon Basins

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

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Conjunctive Management of the Humboldt River Basin and Effects on Small Businesses

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,

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Conjunctive Water Management Planning Underway in the Humboldt River Basin

The Nevada State Engineer is working on a plan to define how to conjunctively manage Humboldt River Decreed water rights hydrologically connected with groundwater rights. This plan will take form through an administrative rulemaking process and will affect many water right holders in and around the Humboldt River Corridor. Nevada Farm Bureau is assisting the

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Fallon Range Training Complex (FRTC) Modernization – Public Scoping Summary Report

On September 26, 2016, our office provided information in a prior blog regarding the NEPA process for the Fallon Range Training Complex (FRTC) Modernization.  The Navy has provided a summary report of the public involvement and stake holder outreach activities that were conducted through the public scoping period that concluded on December 12, 2016.  You can

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President Trump Directs Executive Departments and Agencies to Review WOTUS with an Eye to Rescind or Revise it

Co-Authored By: Attorney Therese Ure & Lisa Mae Gage In August 2015 the United State Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) put their stamp of approval on the Waters of the United States (“WOTUS”) final rule. The WOTUS rule significantly expanded the definition of “waters of the United States”

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Workshops

Federal Land Grazing Permit Workshops in Nevada

During the month of January, the Nevada Cattlemen’s Association is hosting a series of workshops around the state regarding grazing permits on federal lands. The Bureau of Land Management and U.S. Forest Service agencies (and other agency representatives) will be giving presentations on their plans to implement land use changes that have been established for

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Water Year 2016

The Nevada Farm Bureau 2017 Policy Supporting Groundwater Management Plans

The Nevada Farm Bureau has adopted new and revised policies, which are available in their 2017 Policy Book. The policy positions were approved by farmer/rancher voting delegates at the general session of the 2016 Nevada Farm Bureau Annual Meeting. One important new policy adopted by the Nevada Farm Bureau relates to supporting groundwater management plans

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Hammond Protest

Public Forum Scheduled to Address the Washoe County Public Lands Bill

Washoe County is hosting a public forum to discuss the Public Lands Bill on Wednesday, November 2, 2016 from 4:30 pm – 7:00 pm at the Reno Sparks Convention Center. A few of the main priorities of the bill include: Make certain federal lands available for future economic development opportunities Expand recreational opportunities to include

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Deadline Approaching to Submit NEPA Scoping Comments to Nevada’s Fallon Range Training Complex “FRTC” Modernization Proposed Action

NEPA is the acronym for the National Environmental Policy Act.  NEPA’s purposes included setting national policy to encourage productive and enjoyable harmony between humans and their environment; promoting efforts that will prevent or eliminate damage to the environment; and, enriching the understanding of the ecological systems and important natural resources. See 42 U.S. C. 4321

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