water law

Nevada Proposes Amended Water Quality Regulations

The Nevada Division of Environmental Protection (NDEP) is proposing new regulations on water quality.  NDEP announced an official regulation workshop on August 31, 2022 to solicit public comment and input on Legislative Counsel Bureau (LCB) Draft of Proposed Regulation R113-22. R113-22 sets forth a process for the State Environmental Commission to classify a surface water

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Oregon Short Session & Water-Related Bills

The Oregon Legislature’s short session officially begins today, February 1st. 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

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The Need for Additional Water Storage

(The below article is reproduced from the January, 2022 issue of Oregon Cattleman, the publication of the Oregon Cattlemen’s Association. For a PDF copy of the article, use this link.) 2021 was a terrible water year in Oregon. We experienced record high temperatures and record low precipitation, after several years of already below-average precipitation, little

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In Case you Missed It: Schroeder Law Office’s 2021 VACCINE Webinar Series Review

Schroeder Law Offices’ 2021 VACCINE webinar series is already half over.  Lucky for you, all webinars are available on-demand! In case you missed it, be sure to watch the 2021 VACCINE Webinars that already took place: (1)       Contracting Out-of-Boundary Water and Wastewater Services; (2)       What to do When There Is No Water: Drought

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Idaho Senate Introduced Ten Water Bills

The Idaho Senate introduced ten water related bills this legislative session in addition to the twelve the House introduced.  Like many of the House bills, some of the water related Senate bills already passed both houses.  Others are in various stages of committee or legislative review.  The Senate bills considered this legislative session are briefly

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Nevada Assembly Considers Water Related Bills

The Nevada Assembly Committee on Natural Resources (“Committee”) is considering a handful of water related bills in the upcoming 2021 legislative session. While we are continually receiving notice of new proposed bills, we wanted to provide a brief summary on the first few we reviewed.  Assembly Bills (“AB”) 5, 6, and 15 were prefiled for

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California’s Water Futures Trading

Trading Water as a Commodity Unappropriated water has long been considered a public resource. It is subject to private ownership rights and development, to be sure. But the law generally treats water differently compared to commodities like consumer goods or other natural resources like lumber. The UN recognized water’s essential role in the public commons

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NDWR

NDWR Extension on Comments and Testimony on Proposed Orders

The Nevada Division of Water Resources (NDWR) gave notice to extend the deadline for submitting written comment and testimony on Proposed Orders to Designate Hydrographic Basins related to the hearings held October 12- October 26, 2020. Information on the hearings is available at: http://water.nv.gov/hearings.aspx. December 1, 2020 is the new deadline for written testimony, noting

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Update: Is an Aquifer’s Pore Space Public or Private Property?

In a previous blog, we looked into who owns an aquifer: does it belong to private individuals or the public? Under the ad coelum doctrine, the surface owner holds the ground itself – rocks, dirt, and the like – as private property, owned all the way down to the Earth’s core. On the other hand,

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Nevada Division of Water Resources’ Draft Regulation Amendments

By Therese Ure and Lisa Mae Gage Nevada Division of Water Resources (“NDWR”) submitted draft administrative regulation amendments to the Legislative Council Bureau for this regulation cycle (the proposed amendments can be found at http://water.nv.gov/documents/NDWR_Prop_Admin_Regs-Hearings_EOT_Water_Right_Surveyor_6-8-2020.pdf ). A public workshop concerning the administrative regulation amendments was hosted by NDWR on June 24, 2020 wherein NDWR received

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Well Sharing Agreements

Well Sharing Agreements: Good Agreements Make Good Neighbors!

Well sharing agreements are more common than you might expect! These types of agreements allow neighbors to share a well along with the costs for electricity and maintenance. However, there are several pitfalls that can be a big headache for landowners! What are well sharing agreements? Basically, these kinds of agreements are a combination of

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Water Management Organizations

COVID-19 Webinar Series: Water Management Organizations for Ag and Domestic Delivery

In the eighth COVID-19 webinar, Laura Schroeder, Michelle Owen, and Scott Revell discussed various types of water organizations. The webinar aired originally on June 3, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here! Above all, learn the differences between public and private water organizations. For instance, the panelists will provide

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