water law

NDEP Schedules Workshop on Additional Water Quality Regulations

Water law / By

            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 […]

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Oregon Water Resources Department Director Tom Byler Retires

Water law / By

As of September 13th, 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

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Western Resources Legal Center Publishes Article Advocating for More Balanced Environmental Law Programs

Water law / By

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

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Nevada Proposes Amended Water Quality Regulations

Water law / By

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

Legislation, Oregon, Water law / By

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

Oregon, Water law / By

(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

Presentations, Water law / By

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

1 Comment / Idaho, Legislation / By

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

1 Comment / Legislation, Nevada / By

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

California, International, Presentations, Water law / By

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

Nevada, Water law / By

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?

California, Idaho, Nevada, Oregon, Washington, Water law / By

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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