On January 23, 2018, after more than 10 years of discussion and revision, the Washington Department of Ecology adopted the Reclaimed Water Rule. The Rule will go into effect on February 23, 2018. You can read the Rule in its entirety here. Reclaimed water has long been used in the State of Washington for industrial, […]
Washington Reclaimed Water Rule Adopted 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 »
In November 2017, the United States Army Corps of Engineers (Corps) published the Willamette Basin Review Feasibility Study, Draft Integrated Feasibility Report and Environmental Assessment (Study). The purpose of the Study (which can be viewed in its entirety here) is to evaluate the reallocation of 1,590,000 acre-feet of Willamette Valley Project stored water. The Study
Study: Willamette Valley Project Reallocation Read More »
A jury recently decided in Malheur County Circuit Court Case #16CV32005 that local farmers, Delos & Barbara Lee, were entitled to the lost profits they incurred when Owyhee Irrigation District (“OID”) failed in 2014 to deliver the Lees their entire allocation of water and delivered their 2015 allocation in late July. The jury decided OID
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 »
2017 was an eventful year for the team at Schroeder Law Offices (“SLO”). As SLO moves toward a productive 2018, we are pleased to highlight the exciting events of 2017 and what’s ahead in the New Year! In February we hosted a reception honoring Al Steninger at the Society for Range Management in St. George,
2017 Year in Review 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 »
By: Lisa Mae Gage and Therese Ure On September 27, 2017, the Supreme Court of the State of Nevada issued an opinion concluding the longstanding battle between the Nevada State Engineer, Nevada Division of Water Resources and Kobeh Valley Ranch LLC (“KVR”), and Eureka County, Kenneth F. Benson, Diamond Cattle Company, LLC., and Michel and
NV Supreme Court Issues Opinion Protecting Senior Users Read More »
Today is World Food Day and we see many promoting their initiatives to fight hunger as they celebrate October 16, 1945 – founding day of the Food and Agriculture Organization of the United Nations. One of Schroeder Law Offices’ missions is to support people feeding the world. We do this by offering legal services for
October 16, 2017: World Food Day 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 of Nevada began regulating water use through the enactment of the water code in 1905. Under the 1905 water code, statutory regulation for surface water began. Later, in 1913 statutes came into play for artesian groundwater rights of use, and in 1939 we see statutes for percolating groundwater rights use. Water rights established
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 »
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
Conjunctive Water Management Planning Underway in the Humboldt River Basin Read More »
Law Clerk Jakob Wiley will be presenting on unitization approaches to aquifer governance at the next Groundwater Advisory Committee (“GWAC”) meeting held June 30, 2017. He will be presenting his research on voluntary aquifer governance agreements, focusing on aquifer governance rather than groundwater management. The approach is the topic of his graduate thesis as part
Collective Aquifer Governance by Contract Presentation Read More »
Schroeder Law Offices is excited to announce that J.D. Paralegal Lindsay Thane passed the Oregon State Bar, and will be licensed to practice law in Oregon upon her swearing in ceremony scheduled for May 18th, moving into the position of Associate Attorney. Lindsay joined Schroeder Law Offices in their Portland, Oregon office in 2016 after
Schroeder Law offices Congratulates Lindsay Thane on Passing the Oregon Bar! Read More »
The issue of updating ownership of water rights of use continues to rear its ugly head in the context of water right forfeiture proceedings. I can’t stress enough how important it is in Nevada to update ownership records with the Nevada Division of Water Resources. Currently, NRS 533.384 requires buyer to file ownership update information
The Importance of Due Diligence! Read More »
by Lisa Kane and Therese Ure The 2017 Nevada Legislative Session is currently in motion; the 79th legislative session began on February 6th and will continue through June of 2017. Meetings are being held daily by the senate and assembly committees as they review proposed changes to Nevada legislation. There are several already-proposed bills on
More Proposed Water Law Changes in Nevada Legislation Read More »
The upcoming 2017 Nevada Legislative Session includes proposed water law changes that could affect water rights users across the state. The 79th legislative session, which starts on February 6, 2017 and ends on June 5, 2017, contains a number of proposed water law changes. It appears there will be four senate bills submitted by the
Proposed Water Law Changes in 2017 Read More »
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
The Nevada Farm Bureau 2017 Policy Supporting Groundwater Management Plans Read More »
Oregon Legislative Updates A drought task force, authorized in 2016 by the Oregon Legislature, submitted their year-end report[1] to the Governor in November discussing how Oregon can better anticipate and adapt to increasingly common years of drought. Specifically, the report encourages the State to review the drought declaration process to better assist with drought response,
Schroeder Law Offices at Oregon Water Law Seminar for Annual Updates Read More »
