water law

Recent Oregon Administrative Rule Revisions Tailored to Small Municipal Water Suppliers

Oregon / By

At the end of 2018, the Oregon Water Resources Commission adopted new rules to facilitate small municipal water suppliers’ completion of Water Management and Conservation Plans (“WMCP”). The Oregon Water Resources Department (“OWRD”) stated the new Oregon Administrative Rules (“OAR”), OAR 690-086-0300 to 0370, are intended to provide more flexibility for small municipal water suppliers […]

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Comment Period Extended for Fallon Range Training Complex Modernization

Nevada, Water law / By

The Fallon Range Training Complex (“FRTC”) Modernization Draft Environmental Impact Statement (“EIS”) comment period has now been extended so that public comments may be submitted through Thursday, February 14, 2019. There are several public informational materials available to the general public regarding the modernization, materials can be found at the draft EIS website and include

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Who Owns An Aquifer?

Who Owns An Aquifer?

California, Earth, Water law / By

            Are aquifers public or private property? The question is more complicated than it first appears! To answer the question, one must dive down into the fundamental origins of our legal system, fraught with complicated Latin phrases, just like the dangers of the deep itself!             Aquifers are scientifically defined as a “body of permeable rock

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America’s Water Infrastructure Act Signed into Law

California, Legislation, Oregon, Water law / By

On October 23, 2018, President Trump signed America’s Water Infrastructure Act (“AWIA”), also known as the Water Resource Development Act, into law. This bipartisan bill, which previously passed the House of Representatives on September 13, 2018 and the Senate on October 10, 2018, aims to improve dams, levees, ports, and waterways throughout the United States.

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New Associate Attorney Jakob Wiley Defends Collective Aquifer Governance Agreements!

Serious Water Gaming, Water law / By

New Associate Attorney Jakob Wiley successfully completed his defense of Collective Aquifer Governance: It’s the Water and a “Hole” Lot More! on September 17, 2018, completing his Masters of Science in Water Resources Policy and Management. Jakob completed the Concurrent J.D./M.S. program between Oregon State University (“OSU”) and the University of Oregon School of law,

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Oregon Law Prohibiting Motorized Mining in Salmonid Habitat Is Not Preempted by Federal Law

Case Law, Oregon, Water law / By

In 2013, the Oregon legislature adopted Senate Bill 838, which imposed a five year moratorium on motorized mining techniques in rivers and streams designated as essential salmon habitat.[1] A group of mining companies, a mining district, and individual miners with mining claims on federal lands in Oregon who use motorized mining techniques called “suction dredge

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Incoming Attorney Attends California Rice Production Workshop

California, Water law / By

Incoming J.D. Paralegal (Attorney upon Bar passage) Jakob Wiley attended the University of California Cooperative Extension’s regular Rice Production Workshop held at Lundberg Family Farms in Richvale, California. The seminar was attended by farmers, local businesses, and water district personnel, providing a broad overview of rice production and the challenges faced by producers. Water in

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EPA and Army Corps Issue Additional WOTUS Comment Period

Water law / By

  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

Case Law, Legislation, Oregon, Presentations, Water law / By

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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Proposed Legislation First Step in Settling Reservoir Release Debate

Idaho, Legislation, Water law / By

In an often-arid, agricultural community, nothing is more precious than water, particularly in drought years. However, flood years present their own set of challenges as well. When it comes to water allocation, it’s not just how much water that matters, but also when that water is received. Timing is as important as quantity when it

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Conditions in the Klamath Basin Worsen in 2018

Legislation, Oregon, Water law / By

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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Water Week in the United States, April 15 – April 21, 2018

Legislation, Presentations, Water law / By

Written by Alyssa Holland, Lisa Mae Gage, and Lisa Kane Water Week 2018 is currently underway as water organizations across the country gather in Washington, D.C. to advocate the importance of water protection and conservation with hopes of ultimately elevating water to a national priority. Organizations in the water sector are using Water Week to

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Increased Spill Beginning at Federal Columbia River Power System Dams

Oregon, Water law / By

The Ninth Circuit Court of Appeals affirmed a U.S. District Court opinion requiring the Army Corps of Engineers to increase spill at dams on the Federal Columbia River Power System (“FCRPS”) to the maximum spill levels that still meet total dissolved gas criteria allowed under state law. The increased spills required by the District Court’s

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Reclamation Roundtable: Storage is Key

Nevada, Water law / By

Schroeder Law Offices’ attorney Therese Ure is in attendance at the 2018 Family Farm Alliance Conference in Reno, NV and was present for the Reclamation Roundtable wherein Commissioner Brenda Bunman addressed the Family Farm Alliance (“FFA”) membership goals regarding conveying Reclamations under the current administration. Key points of the FFA goals include: 1) creating infrastructure

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WOTUS Rule Litigation Update

Case Law, Legislation, Water law / By

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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