water law

Schroeder Law Offices at Oregon Water Law Seminar for Annual Updates

Oregon, Water law / By

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, […]

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Groundwater Management Area created for East Snake Plain Aquifer

Idaho, Water law / By

In a move he hopes will ease the most arduous administrative burden faced by the Idaho Department of Water Resources, Director Gary Spackman has created the state’s largest groundwater management area, encompassing the Eastern Snake River Plain Aquifer (ESPA) region. Hoping “to stop the drop” of the aquifer level, which has experienced an annual rate

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Laura Schroeder and Therese Ure Present at the World Irrigation Forum in Chiang Mai, Thailand

International, Water law / By

The International Commission on Irrigation and Draining (ICID) hosted the World Irrigation Forum (WIF) in Chiang Mai, Thailand. The 2016 conference serves as the second annual forum. The intent of the World Irrigation Forum is to bring together all stakeholders in order to provide a platform for the world irrigation community to work to find solutions to the problems the irrigation community faces. Some of

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Montana Recognizes Interconnection of Groundwater and Surface Water Systems

Water law / By

The Montana Supreme Court recently issued its decision in the long fraught dispute about exempt groundwater wells. The ruling by the Montana Supreme Court in The Clark Fork Coalition v. Tubbs, will protect the rights of senior water users from exempt groundwater wells that often deplete the amount of available surface water.[1] The Montana Water

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Flying Fish Passage!

Oregon, Presentations, Water law / By

Last month, attorney Sarah Liljefelt organized a tour of the Whooshh Innovations fish passage structure constructed for the Washington Department of Fish and Wildlife on the Washougal River. Members of the Oregon State Bar Environmental and Natural Resources Section attended, including attorneys in private practice, working for the State of Oregon, and public interest. Whooshh

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“Use it or Lose it” Nevada’s Water in Times of Drought

Nevada / By

    The July 2016 Nevada Lawyer Magazine focuses on drought conditions and features Schroeder Law Offices’ Attorney Therese Ure’s article, “Use It or Lose It:” for Nevada’s Water in Times of Drought. The article discusses Nevada Revised Statute 534.090, which has become known as the “Use It or Lose It Doctrine” in reference to

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101 on Forfeiture vs. Abandonment Under Prior Appropriation Doctrine

Nevada, Oregon, Water law / By

Forfeiture We’ve all heard “Use it or Lose it” referring to the Prior Appropriation System.  The use it or lose it concept is the term we use for legal forfeiture which will apply to your water rights of use depending on your jurisdiction and type of water right.  Generally, this concept requires beneficial use of

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The End of the Prior Appropriation Doctrine?

Legislation, Nevada, Water law / By

The debate continues on the prior appropriation system. During the 2016 Family Farm Alliance Annual Conference, the Alliance’s 2015 report on the prior appropriation doctrine raised some debate. This debate, now focusing on Nevada’s prior appropriation system, was again raised in equal vigor during the 2016 Nevada Water Resources Association annual conference. While many argue

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California’s New Water Measuring, Recording & Reporting Law

California, Legislation, Oregon, Water law / By

California Governor Brown signed Senate Bill 88 into law on June 24, 2015. Part of that Bill amended the California Water Code to require that all persons who divert 10 acre-feet or more of water per year after January 1, 2016 must install a water measuring device to measure the rate of diversion (including diversion

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