Issues that need Water Attorneys

Water right attorneys focus their practice on complex and important issues in Oregon, where all water belongs to the public. Anyone who wants to use water from any source, whether surface or groundwater, must obtain a permit or license from the Oregon Water Resources Department (OWRD), unless they qualify for a statutory exemption. In Oregon, water rights of use are based on the principle of prior appropriation. This means the first person to use water or apply for a permit has the senior priority. Under the pure prior appropriate system and in times of shortage, water users with the senior priority can demand the water specified in their right of use, regardless of the rights of use held by junior users.

Water users in Oregon include farms, vineyards, nurseries, livestock enterprises, dairies, single residences, homeowner’s associations and developments, cities, commercial businesses, and other entities. They may need legal assistance for various reasons, including obtaining, transferring, or defending water rights; complying with health and utility regulations; resolving disputes or enforcement actions by regulating agencies such as the Oregon Department of Water Resources; conducting due diligence for transactions or developments; and participating in rulemaking or legislative processes.

For a more detailed discussion of Oregon water rights, see this article. Or visit our blog.

What to Look For in a Water Attorney

When looking for an attorney for water rights in Oregon, there are several factors to consider, such as:

• Experience and expertise: Water law is a specialized and dynamic field that requires a thorough knowledge of the relevant statutes, rules, case law, and administrative procedures. An attorney who has experience and expertise in water law can help clients navigate the complex and often changing legal landscape. Practiced attorneys can provide effective representation and advice. Some indicators of experience and expertise include the attorney’s education, credentials, publications, memberships, awards, and testimonials.
• Fees and costs: Water law matters can be time-consuming and costly, depending on the complexity and scope of the issue. An attorney who is transparent and reasonable about their fees and costs can help the client budget and plan accordingly. Some attorneys may offer different fee arrangements, such as hourly, flat, contingent, or hybrid. This would depend on the nature and circumstances of the case. The client should discuss and agree on the fee arrangement with the attorney before hiring them.
• Reputation and rapport: Water law issues can be contentious and sensitive, especially when they involve competing or conflicting interests. An attorney who has a good reputation and rapport with the OWRD, other agencies, courts, and stakeholders can help the client achieve a favorable and timely resolution. Moreover, an attorney who is trustworthy, respectful, and professional can establish a rapport with the client and understand their goals and expectations.

Ways to Find an Oregon Water Attorney

To find an attorney for water rights in Oregon, the client can use various sources, such as:

• Referrals: The client can ask for recommendations from people they know and trust, such as friends, family, colleagues, or acquaintances, who have dealt with water law issues or hired an attorney for water rights in Oregon. Referrals can provide firsthand information and feedback about the attorney’s performance and personality.
• Online: Just use one of the various search engines like Google or Bing.
• Websites: The client can visit the websites of attorneys or law firms that specialize in water law in Oregon, such as Schroeder Law Offices. These websites often provide detailed information about their services, experience, expertise, and contact information. Websites can also showcase the attorney’s portfolio, publications, and achievements.
• Consultations: The client can contact and schedule consultations with potential attorneys for water rights in Oregon. Most will offer a free hour either by phone, Zoom, or in person, to discuss their specific issue and needs. Consultations are a good method to evaluate the attorney’s suitability and compatibility. Consultations also allow the client to ask questions and clarify any doubts or concerns they may have.

In Conclusion

In conclusion, finding an attorney for water rights in Oregon can be a challenging task. By considering the factors mentioned above and using the sources suggested, the client can make an informed and confident decision.

Disclaimer: This is not legal advice and should not be relied upon as such. The information provided is for general informational purposes only and does not constitute an attorney-client relationship. The client should consult with a licensed attorney in their jurisdiction before taking any legal action.

For more information please call +1 (800) 574-8813, use our convenient form, or visit the Water Law Blog.

See Also what to expect when you call a water attorney.

            Schroeder Law Offices is pleased to announce that Kelsey Seibel has joined the firm as a new associate attorney in Portland, Oregon. Kelsey received her Juris Doctorate from the University of Denver Sturm College of Law in May 2021. She was admitted to the Oregon State Bar on February 24, 2022.

            Kelsey Seibel gained experience in water law through working on the University of Denver Water Law Review during law school, of which she served on the editorial board for two years as an Articles Editor. Kelsey also received a Bachelor of Arts in Economics and Environmental Studies from the University of Wisconsin – Madison. While studying for her Bachelor’s, Kelsey’s area of focus included environmental policy and history surrounding global environmental issues.

            Kelsey’s previous professional experience includes clerking for Judge Christine C. Antoun in the Colorado Judicial Branch Second Judicial District in Denver, Colorado. During her time, she was awarded “2022 Outstanding Courtroom Employee.”

            Kelsey grew up in Milwaukee, Wisconsin along Lake Michigan. When asked about her interest in water law, Kelsey says, “I always knew I wanted to work with natural resources and in the environmental law area. When I decided to go to the University of Denver for law school, I chose to write on the Water Law Review to learn more about water law and water rights in the west. I enjoy the area of water law because it combines my interests in efficient use of natural resources with sustainable growth and allocation of resources.”

            For fun, Kelsey enjoys outdoor activities like camping, running, and biking, as well as baking, cooking, and watching Wisconsin football.

            Kelsey could not be more excited to join Schroeder Law Offices and is determined to work as a passionate advocate to assist in all client needs.

What brought you to Schroeder Law Offices?

I had been interested in the legal field for some years before I started with Schroeder Law Offices. I was working in a different industry and was finally ready to make a change when I found SLO. Ultimately, it was the close-knit office culture, opportunities for education, and fascinating specialty that convinced me that this was where I was meant to be.

What is your go-to productivity trick?

I am a strict to-do list person. No matter how small the task is, it’s added to my list. If I really need to buckle down and focus on a large task I have found that listening to brown noise is extremely effective at calming and providing focus.

What is something you find fascinating about water law?

The first aspect that drew me in was the history. I love to research water rights, and it is also so interesting to learn about rights stemming from the early 20^th century and even earlier.

What do you like to do for fun on the weekends?

My favorite down time activity is spending time with my husband and my dog, either at home or exploring the trails in the Pacific Northwest. Otherwise, I like to binge watch a good television show and catch up on reading.

What is your favorite book or movie?

Pride and Prejudice by Jane Austen.

What’s it like to work at Schroeder Law Offices?

Every day is a new adventure.

Join attorney Laura Schroeder at the Oregon Association of Water Utilities (“OAWU”) annual conference this summer in Seaside, Oregon. The event offers classes on water, wastewater, groundwater, and more. Attendees will also get the chance to meet with the Board of Directors, check out new technology and equipment exhibited by vendors, and speak with other professionals in the water utilities industry.

Laura Schroeder will be teaching two classes during the conference. On Thursday, August 24th from 8:00 AM to 9:45 AM, Laura Schroeder will be teaching a class entitled “Know What You Have to/Know What You Need: Creating a Water Rights Inventory to Meet Deadlines and Required Conditions Including Water Management and Conservation Plans.” At 10:00 AM to 11:45 AM, Laura Schroeder will be offering another class entitled “Who’s the Boss? Public and Private Entity Requirements for Meetings and Records.”

To learn more about the full event schedule, visit the OAWU website here.

April 22^nd, 2023, is the 53^rd annual Earth Day celebration. The theme of this year’s holiday is “Invest in Our Planet.” The preservation and efficient use of water, a vital natural resource, leads all that we do at Schroeder Law Offices. As a water law office, Schroeder assists municipal water users and districts, individual and family farms, and ranches to promote sustainable water use throughout Oregon, Nevada, Idaho, and Washington. To celebrate, let’s brush up on some Earth Day history.

The beginnings of Earth Day can be traced back to an oil spill off the coast of Santa Barbara in 1969. Because of its devastating effect on the surrounding nature and wildlife, the public’s concern over what could be done to protect the environment grew. After the spill, Wisconsin senator Gaylord Nelson inspired a nationwide “teach-in” day. Senator Nelson enlisted the help of a young activist Denis Hayes, fellow senator Pete McCloskey, and numerous volunteers and activists thereby creating the first Earth Day on April 22^nd, 1970. 20 million people celebrated the first holiday, prompting nationwide demonstrations, protests, and teach-ins.

Earth Day is now a global event celebrated each year through demonstrations, events, and acts of service!

To keep the mission of Earth Day in mind this year, Earthday.org created a list of the many ways you can take care of the earth in your day-to-day life. Some ideas you might try:

• Attending a tree planting event
• Participating in a community beach cleanup
• Planting a pollinator garden to help the population of bees, butterflies, and other organisms in your local ecosystem
• Attending an Earth Day event (find one in your area using this interactive map)
• Reading more on Earth Day history to explore the origins of the holiday

This weekend, please join us in celebrating Earth Day’s mission.

To stay up to date on all things water, be sure to subscribe to our weekly e-newsletter to the right.

What brought you to Schroeder Law Offices?

I came to Schroeder Law Offices right after graduating law school.  During my last year of school I was looking for a post-grad job related to natural resource law.  Having interned in jobs lobbying, in-house counsel for nonprofits, at an Attorney General’s Office, and at a large law firm, I knew I wanted to work in private practice, but in a boutique setting.

During my last semester of law school, I was working with The Freshwater Trust, a nonprofit in Portland, Oregon that does river restoration work. In that internship I had some exposure to water law and found it fascinating.  Schroeder was looking for an associate in Reno at the time. I was looking for a job in a location that would allow more of a rural lifestyle, so it was a perfect fit. I also loved that all the partners were women as this field is so often dominated by men.

What is your go-to productivity trick?

I am very to-do list oriented.  I tend to have one master list with all my projects and then one to two tiers of lists with more immediate tasks that need to be done in the next day or week.  A lot of my motivation comes from crossing something off a list.

What is something you find fascinating about water law?

Water law is one of the few niche practice areas that is incredibly diverse.  Unlike family or criminal law, where the issues, rules, and case law are often recycled, water law issues are always different.  In the last few years I have worked on property law, contract law, tort law, secured transaction law, tribal law, as well as federal issues like the National Environmental Policy Act (NEPA) and historic rights-of-way across federal land. I’ve never enjoyed monotony in a job. At Schroeder, I’m certainly never bored and almost always challenged in a new way!

What do you like to do for fun on the weekends?

Outside of work I like to cook, read, and work in my garden or on my farm. I also like to get outside for an adventure with my hodge-podge pack of dogs. On longer breaks, I like to backpack or kayak with my husband, travel internationally to see new places, learn about history, and try new foods.

What is your favorite book or movie?

I don’t have an all-time favorite book or movie that comes to mind.  Lately, I’ve really enjoyed anything written by Kate Quinn.  I love her portrayals of women’s forgotten roles in history, especially during WWII. 

What’s it like to work at Schroeder Law Offices?

Working at Schroeder is working with a close-knit team. We help each other out and really care about one another as people.  I’ve always felt supported and heard. The leadership has always been invested in my growth as a professional and outside of work. They also encourage me to build and maintain a life outside of the office.

Caitlin Skulan is an associate attorney at Schroeder Law Offices, PC.

Water is a scarce resource, and its allocation and management is a complex legal issue. This complexity is particularly evident in Nevada, a state with a desert climate and a history of water disputes due to competing demands from various sectors. Such sectors include agriculture, mining, and urban development. A Nevada water attorney plays a crucial role in resolving such disputes. They ensure that the state’s water resources are allocated and managed efficiently and fairly.

In Nevada, water resources are managed by the Nevada Division of Natural Resources (NDWR). In this article, we will explore the role and responsibilities of Nevada water attorneys working with the Division. We will also explore how water attorneys work with suppliers and users of water.

What is a Nevada Water Attorney?

A Nevada water attorney, like Therese Ure Stix or Laura Schroeder at Schroeder Law Offices, PC is a lawyer who knows water law. Water law is a complex area of law that deals with the allocation, use, and management of water resources. Nevada water attorneys provide legal advice and representation to clients in matters related to water law. They represent clients in administrative proceedings, negotiate water rights agreements, and litigate disputes in court.

What do Nevada Water Attorneys do?

Water Rights

In Nevada, water attorneys help clients obtain and protect their water rights. Water rights are legal entitlements to use water from a particular source for a specific purpose. In Nevada, water rights are governed by the doctrine of prior appropriation. Prior appropriation means the first person to use the water for a beneficial purpose has priority over later users. Water attorneys help clients navigate the complex process of obtaining and maintaining water rights. For example, they help file applications with the Nevada State Engineer’s Office and negotiate water rights transfers.

Water Management

Nevada water attorneys advise clients on water management issues, including water conservation, groundwater management, and water quality. They help clients comply with state and federal water regulations. These include the Clean Water Act and the Safe Drinking Water Act. Additionally, water attorneys also help clients obtain permits for water-related projects, such as wells, dams, and water treatment facilities.

Water Disputes

Nevada water attorneys represent clients in disputes over water rights, water use, and water quality. They negotiate settlements, represent clients in administrative hearings, and litigate cases in state and federal court. Water disputes can be highly contentious, and water attorneys must have a deep understanding of water law and the technical aspects of water resources.

Environmental Law

Water attorneys also have expertise in environmental law, which is closely related to water law. They advise clients on environmental regulations and represent clients in environmental litigation. Environmental issues can have a significant impact on water resources, and water attorneys must understand the interplay between environmental and water law.

Conclusion

Nevada water attorneys like Therese or Laura play a crucial role in managing the state’s scarce water resources. They help clients obtain and protect their water rights, advise on water management issues, and represent clients in disputes and litigation. Water law is a complex and ever-changing area of law, and water attorneys must stay up-to-date on the latest legal developments and technical advancements in water resources management.

If you need or want to know more please use our convenient inquiry form and we will be happy to respond promptly. Or check out our article on what to expect when you call a law firm. You could also review this article.

Join the US Committee on Irrigation and Drainage (USCID) on April 12th, 2023 at 11:00 AM (Pacific Time) for a webinar on How to Obtain Title Transfer for Federal Water Projects. Frank Dimick, of Dimick Water Resources Engineering, will host the 30-minute presentation and Q+A session via Zoom. Participants will also learn how the United States can gain international recognition on water projects. After, Schroeder Law Offices’ shareholder and USCID Vice President Therese Stix will give an update on USCID and share more details about the upcoming USCID Conference in October 2023. We hope to see you there!

To learn more about USCID’s mission and upcoming conference, visit their website here.

At the end of 2021, the Nevada Division of Water Resources (NDWR) completed a public survey to update the 1999 State Water Plan. The previous plan made general water data and information available to the public and addressed water policy issues and recommended actions for a sustainable water future. A lot has changed since 1999, and to address those changes, in 2022 NDWR released the results of the 2021 survey.

1,192 people in total participated, including a wide range of agricultural producers, business owners, tribal members, and more. Respondents were also from both urban and rural areas, with 39% of respondents living in rural or semi-rural areas of Nevada.

The biggest consensus in response to the survey was that of water sustainability. A striking 77% of respondents agreed that the sustainable use of water is extremely important. 79% shared that they now think about water issues more than they did in the past.

Among the biggest concerns were long-term water planning, wasteful or inefficient water use, and the need for conserving water for the future. In rural areas, water availability for agriculture and the transfer of water from rural basins to supply urban areas were major concerns.

Respondents were also asked to give their thoughts on potential long-term plans going forward. Many called for more public outreach, emphasizing the need for accessible, research-based data. Respondents also urged NDWR to provide more opportunities for stakeholder engagement. 

NDWR plans to use these findings to develop a water plan that addresses respondents’ concerns. The agency will consider the survey results when mapping out the direction of future outreach and education efforts. To read the full overview of survey responses, click here.

Therese Stix has been appointed by its Board of Directors as Vice President of the United States Committee on Irrigation and Drainage.  USCID’s mission is to promote progressive and sustainable irrigation, drainage, and flood control practices in support of food and fiber production and public safety, recognizing that sustainability embodies economic, social, and environmental goals.  Therese was appointed to this position after stepping in to help USCID launch after a hiatus during the non-conference years of COVID and the retirement of the past executive director. 

Therese grew up on a row crop farm in eastern Oregon, is passionate about agricultural customs and culture, and continues to support farming and ranching operations in her law practice.  As Vice President, Therese will continue to take an active role in supporting the USCID’s mission while bringing the organization back online.

In addition, USCID is in the process of on boarding Jane Townsend from Ag Association Management Services to assist in promoting and pursuing USCID’s mission post-COVID. We are excited to have Jane assisting us and are currently planning our next conference to take place in Fort Collins, Colorado April 25-28, 2023.  We hope to see you there!

The Oregon Water Resources Department (“OWRD”) has stopped processing new groundwater applications and begun to severely limit groundwater permit extensions. This policy change places a significant burden on groundwater permittees and will directly impact agriculture in Oregon. Ultimately, OWRD’s policy change will significantly limit agricultural expansion in the state. 

In his article “Oregon Moves to Limit Groundwater Development,” Steve Shropshire cites “Draining Oregon,” the 2016 report published in The Oregonian, as the major catalyst for increased regulation. The Oregonian article covered groundwater issues in Oregon and argued that OWRD was over permitting the use of the state’s groundwater supply. Soon after The Oregonian article, OWRD updated their Integrated Water Resources Strategy to name groundwater as one of the biggest issues concerning Oregon’s water future.

Even though OWRD has not passed a rule, OWRD has ceased processing new groundwater applications and limited its issuance of groundwater permit extensions as a policy matter. OWRD has also limited the issuance of new groundwater rights in the Walla Walla, Harney, and Umatilla basins. These actions will pose a big change for agriculture in Oregon, as acquiring new groundwater rights will be much harder, if not impossible. To participate in the rule making process when that occurs, go to:  Water Resources Department: Proposed Rulemaking : Oregon Administrative Rules : State of Oregon

Stay informed on the latest groundwater issues, current events, and all things water by signing up for Schroeder Law Offices’ weekly email newsletter to the right.

The current moment presents a number of unique challenges for water sustainability, including for farmers. When farmers do not have enough water to meet the population’s need for food and goods, the results can be devastating to certain population groups. In his article There Has Never Been a More Important Time to Protect American Food Production, Dan Keppen writes that farmers are facing this water challenge right now.

Due to years-long extreme drought in the west, farmers have been struggling to make ends meet. This has led to a decrease in local agricultural production in the U.S. Unfortunately, this decline comes at a time when the world has been rocked by extreme climate events and global supply chain issues. These challenges make food more costly to produce and purchase.

What makes the situation so urgent is that the need for food is rising. A 2022 GAP Report found that 40 million people around the world experienced “emergency or catastrophic levels” of food insecurity. To meet the population’s growing needs, agricultural output will have to increase by 1.73 percent each year. Keppen writes that bringing U.S. communities the nutritious, affordable food they need will require an increase in local agricultural production.

To learn more about water use and conservation, check out Dan Keppen’s previous blog “There’s a Crisis on the Colorado River.” The article explores the challenges faced by farmers when their water access is reduced. Though reduced water access may be done in an effort to conserve, the reduction can lead to food shortages and financial insecurity for local communities. With so many interests involved, the situation in the west illustrates that a solution to water issues will have to be complex and innovative.

In the first year back since COVID-19, the Nevada State Bar, Environmental & Natural Resources Section held its Annual Meet & Greet event on November 3, 2022.  A social, after work event, honorees included Adam Sullivan (Nevada State Engineer), Micheline Fairbank (Nevada Deputy Administrator for Nevada Division of Water Resources), David Bobzien (Nevada’s Office of Energy), Jim Lawrence (Acting Director, Nevada Department of Conservation & Natural Resources), and Chad Blanchard (Federal Water Master for the Truckee & Carson Rivers).

Section members attending networked with our Nevada agency leads on a more personal level without the stresses of adversarial positions. During the event, Section leaders asked our honorees fun “icebreaker” questions such as: 1) What is your idea of perfect happiness? 2) With which historical person do you most identify? 3) What is your greatest extravagance? and, 4) Which talent would you most like to have?  Of course, these questions sparked fun answers that provided a glimpse into our leaders as people.  Spending time with these Nevada agency leaders on a personal level ultimately allows us to know and appreciate the work we all pursue. 

On October 3^rd, 2022, the Supreme Court heard the oral argument for the first case of its 2022-2023 term: Sackett v. EPA. The case calls into question the definition of “Waters of the United States” (WOTUS), as it will decide the proper test to determine which wetlands are considered WOTUS, and therefore subject to federal regulation from the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers under the Clean Water Act.

The case originated after Michael and Chantel Sackett purchased an Idaho property near Priest Lake in 2004. After the couple began building a home on the property in 2007, the EPA informed the Sacketts that they must stop construction and apply for a permit since their land contained a wetland that was adjacent to protected waters. Since the wetland is separated from Priest Lake by a road, the Sacketts claimed that their land is not subject to the Clean Water Act’s jurisdiction and sued the EPA. What followed is a legal battle that could potentially change which wetlands are considered WOTUS going forward.

The Clean Water Act was passed in 1972 in an effort to protect waters of the United States from pollution. Since then, the extent of protections provided by the Clean Water Act has been extensively questioned and changed. These changes  have been brought about by  Supreme Court rulings, plurality and concurring opinions of Supreme Court justices, and presidential administrations, especially those of Presidents Obama, Trump and Biden. 

The basis of both the Sacketts’ and EPA’s arguments can be found in the two waters tests proposed in the 2006 Supreme Court case Rapanos v. United States. The Sacketts have relied on the plurality opinion written by late Justice Antonin Scalia to support their case, which argued that wetlands should be considered WOTUS if the adjacent channels contained a “permanent” body of water such as a river, lake, or stream. Additionally, Justice Scalia argued that a wetland can only be considered WOTUS if it featured a “continuous surface connection” with a more permanent body of water.

The EPA is relying on retired Justice Anthony Kennedy’s concurring opinion in that same 2006 case. Justice Kennedy argued that wetlands must include a “significant nexus to navigable waters.” According to this definition, a wetland does not necessarily have to be continuously connected to navigable waters in order to be protected. Instead, the wetland must have a significant effect on the “chemical, physical, and biological integrity of the Nation’s waters.”

In response to  Sackett v. EPA, many agricultural groups have shared their experiences of uncertainty and hardship brought on by the shifting definition of WOTUS over the years. The Family Farm Alliance, along with other agricultural groups, including the USA Rice and National Association of Wheat Growers and the National Corn Growers Association, submitted an amicus (“friend of the court”) brief earlier this year to voice its perspective on the matter. The brief highlights the problems farmers and ranchers have faced due to the lack of clarity regarding the Clean Water Act’s jurisdiction, which has created confusion over whether waters on their property are subject to EPA and U.S. Army Corps of Engineers regulation.

During the October 3^rd oral argument hearing for Sackett v. EPA, Justice Ketanji Brown Jackson questioned the Sacketts’ legal counsel on the  difference between “abutting and neighboring wetlands” if the goal of the Clean Water Act is to protect the nations’ waters “chemical, physical, and biological integrity.” Justice Neil Gorsuch commented on the lack of clarity in the Clean Water Act’s definition of “adjacent,” which Justice Sonia Sotomayor pointed out made some of her colleagues critical of whether the term was “precise enough.” Justice Sotomayor went on to question whether there might be “another test that could be more precise and less open-ended” than the adjacency and significant nexus tests to determine which wetlands are protected. Sackett V. EPA, 21-454 U.S. (2022)  

As of now, Sackett v. EPA is pending adjudication before the Supreme Court. Considering the scope of the case, many expect the upcoming decision to have a significant impact on both environmental interests and the agricultural industry.

To learn more about wetlands and Clean Water Act jurisdiction, check out Schroeder Law Offices’ webinar on Wetlands: Due Diligence for Ditches, Drains and Ponds. 

            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 Chapter 445A of the Nevada Administrative Code for Standards for Water Quality.  More on the proposed regulations is available here.  Changes include setting site-specific selenium criteria for the Las Vegas Wash, adopting the federal Environmental Protection Agency (EPA) drinking water standards for certain contaminants, and assigning beneficial uses and criteria better suited for flood-conveyance channels in Las Vegas.  

            NDEP announced a workshop for these new proposed regulations on October 19, 2022 from 1:00 PM to 3:00 PM.  The workshop will occur online and can be joined by this link or by calling in:

Phone Number: 1-775-321-611
Conference ID: 253-622-142#

            Public comment will be accepted during the workshop and written comments will be accepted until October 24, 2022.  Written comments can be submitted to:

Dave Simpson: dsimpson@ndep.nv.gov

Nevada Division of Environmental Protection
Bureau of Water Quality Planning
901 S. Stewart Street, Suite 4001
Carson City, Nevada 89701

P: (775) 687-9548  F: (775) 687-5856 

Public participation is an important aspect of creating Nevada law.  NDEP regulation changes are governed by the Nevada Administrative Procedure Act.  The agency must solicit and consider public comments in adopting new regulations.  If these issues affect you, Schroeder Law Offices encourages you to participate!

As of September 13^th, 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 the Deputy Director of Water Management.  

During his tenure as the director, Tom Byler dedicated his time to modernizing the department’s programs and services to meet the Oregon community’s ever changing water needs. Byler also worked to increase OWRD’s capabilities to collect and analyze data to manage Oregon’s surface and groundwater resources throughout the state.

In the official press release regarding his retirement, Byler said, “As I look to the future of water resources in Oregon, I anticipate that water issues will continue to become more and more complex and challenging.” Byler added, “I am excited about the Department’s increasing capabilities to help communities address those issues.” Though he may be retiring from his current position, Byler intends to carry on his work in water and natural resources issues into his retirement.

The Oregon Water Resources Department is the state agency responsible for ensuring adequate and sustainable water supply to meet present and future needs. To learn more about OWRD, visit their website here: https://www.oregon.gov/owrd/. 

As fall rains shower Northern Nevada and the first snow fall for Lake Tahoe is on the books for September 19, 2022, it is easy to forget that Nevada remains in a long-standing drought. However, it is important that Nevada continue to take measures to prepare and stay informed about these long-term conditions, even as they begin to improve.

How can Nevadans be best prepared to live with drought?  A number of state and federal resources are available to all Nevadans to track, understand, and adapt to long term drought conditions. These resources include:

State Drought Reports:  The State Climate Office and University of Nevada Reno publishes a monthly 2-3 page drought report with updated drought conditions and projects.  The most recent report can be found here.

US Drought Monitor: Similarly, the US Drought Monitor updates current drought conditions for all states weekly.  The monitor page for Nevada can be found here.

Nevada Drought Planning Workshops: Online and tabletop workshops are held periodically and are announced on the National Integrated Drought Information System, published by the National Oceanic Atmospheric Administration (NOAA).  The Nevada page is available here, including links to further information about upcoming drought webinars and workshops.

United States Dept. of Agriculture Mapping:  USDA offers a number of drought mapping tools to track and project drought.  These include the USDA Snotel Mapping system, which maps snowpack, an important seasonal contributor to water recharge in the arid west and the Streamflow Forecast Map, which predicts seasonal streamflow and various points of diversion to allow users to estimate if streamflow will be high enough to meet minimum flow requirements and any senior in-stream water rights that may preclude junior surface water diversion.

These are just some of the many tools available to stay informed about drought.  Want to learn more about drought and drought tools?  Check out our on-demand Western State drought tools webinar here.

            Schroeder Law Offices had a blast working at the 2022 Oregon State Fair. If you weren’t able to make it down to Salem for the annual festivities, we’re here to fill you in. During the fair’s kickoff weekend, Tara Lomacz and Madeleine Criglow worked the Oregon Women for Agriculture booth in Salem Fairgrounds’ Columbia Hall. This space was dedicated to showcasing agriculture in Oregon along with the beautiful works of local authors, photographers, and textile artists. At the Oregon Women for Agriculture booth, Tara and Madeleine had a great time speaking with fairgoers on agriculture and water issues in Oregon.

            To encourage fairgoers to stop by the booth, guests were challenged to spin the trivia wheel for questions on agriculture and farming in Oregon. The questions tested guests’ knowledge on everything from Oregon’s state beverage (milk, if you’re wondering) to how many gallons of water a cow drinks in a day (a whopping 20-30 gallons!). Guests were delighted to realize that they already knew a thing or two about Oregon agriculture (and were pretty happy about the prizes, too).

The Oregon Women for Agriculture booth also featured a map highlighting the water issues currently affecting agriculture and local farmers throughout Oregon. As fairgoers read through the map, many shared their own experiences with water issues and asked about what might be done to protect the natural resource in Oregon. It was rewarding to see guests take such an interest in local agriculture, and Schroeder Law Offices was happy to spread the word on its importance to the environment and economy.

            As the trivia games and discussions came to a close, the fair was just getting started. There was still tons of fun to be had, from checking out live music to indulging in every snack you could imagine. Leaving the fair with an ice cream cone in hand, we were grateful for the opportunity to join in on the fun!

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 of the State or a segment thereof as a water of extraordinary ecological, aesthetic, or recreational value.  The Commission then establishes provisions for antidegradation protections to these specially classified surface waters. The draft regulations can be viewed here.

The Workshop will be August 31, 2022 at 10:00 AM to 1:00 PM Pacific Standard Time. More information and the agenda can be viewed on NDEP’s Workshop Notice.

Due to technical difficulties related to the workshop online registration form, attendees may join by:

1. Going to the following link: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting?rtc=1
2. Entering the Meeting ID:  216 866 144 018
3. Entering the Passcode:  nqZR8P

NDEP will also attempt to accommodate anyone wishing to participate in person at:

Bryan Building
901 South Steward Street
Humboldt Conference Room, 3^rd Floor
Carson City, NV

Interested in more water quality activities?  Check out our blog on NDEP’s last Integrated Water Quality Report for 2020-2022 and stay tuned for the next Integrated Water Quality Report Comment Period in 2023. 

Schroeder Law Offices will be working the Women for Agriculture booth at the Oregon State Fair on Friday, August 26th from 1:00 PM to 3:30 PM and Sunday, August 28th from 3:30 PM to 6:00 PM.