water rights

Conjunctive Management of the Humboldt River Basin and Effects on Small Businesses

Nevada, Presentations, Water law / By

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, […]

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Conjunctive Water Management Planning Underway in the Humboldt River Basin

Nevada, Water law / By

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

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Walla Walla Subbasin Closed to New Groundwater Permits

Oregon / By

The Oregon Water Resources Department (“OWRD”) issued amended rules designating the Walla Walla subbasin as a Serious Water Management Problem Area (“SWMPA”).[1] The amended rules, filed on May 22, 2017, specify new groundwater permits will not be issued in the SWMPA and new groundwater uses will only be allowed for the statutorily exempt uses outlined

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Jakob Wiley presents his research on groundwater unitization and collective aquifer governance agreements to the GWAC

Collective Aquifer Governance by Contract Presentation

International, Oregon, Presentations, Serious Water Gaming, Water law / By

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

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Example map from ODFW application

Oregon Department of Fish & Wildlife files for Instream Rights in Hood River Basin

Oregon, Water law / By

  The Oregon Department of Fish & Wildlife (“ODFW”) filed applications for numerous instream water use rights in the last few months for salmon habitat in the Hood River basin. Instream water use rights in Oregon are held by state agencies for the preservation of a public purpose, like preserving salmon habitat. Beginning in December

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NWRA Free Water Conservation Ideas Sharing Forum

Earth, Nevada, Water law / By

Are you interested in learning more about successful conservation tactics? The National Water Resources Association (“NWRA”) is hosting a free seminar! The seminar will take place on August 7, 2017 at the Genoveva Community Chavez Center in Santa Fe New Mexico, following the NWRA Western Water Seminar. The Water Conservation Ideas Sharing Forum will host

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Oregon Legislature Considers Bill to Fund Meters Measuring Groundwater Use

Oregon, Water law / By

  The Oregon Task Force on Drought Emergency Response met throughout 2016 to propose statewide recommendations to address current and future water shortages throughout the State. One of the task force’s recommendations has been embodied in House Bill 3051,[1] which has garnered support from Democrats and Republicans alike. H.B. 3051 will help pay for the installation,

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Water Year 2016

The Nevada Farm Bureau 2017 Policy Supporting Groundwater Management Plans

Water law / By

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

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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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Water Metering

Showing Diligence in Water Use by Tracking Water Use Meters

Legislation, Nevada, Water law / By

Due to recent crackdowns by the State Engineer in Nevada regarding both forfeitures and cancellations of groundwater rights not in full use, it is important to keep records of your water use.  One method to show use is by recording your meter readings.  This is important both for permitted wells and certificated wells respectively, to

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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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REMINDER-2016 Year End Reporting to Oregon Water Resources Department for Oregon Water Rights and Uses

Oregon / By

It’s getting close to that time of year again! As the 2016 irrigation season comes to a close, we here at Schroeder Law Offices want to remind you of the December deadlines to report measurements for your water uses to Water Resources Department (“OWRD”). There are two different reporting deadlines to be aware of in

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Forecasting 2017 Water Legislation in Nevada

1 Comment / Legislation, Nevada, Water law / By

New laws and legislation may affect you, stay tuned for tomorrow’s work session on topics of adaptive management, domestic use, cloud seeding, basin management, and mine dewatering! Nevada’s Legislative Commission’s Subcommittee to Study Water will be holding a meeting on Friday morning, August 26, 2016 at 9:00AM at the Legislative Building, Room 4100, at 401

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California Water Right Ownership Updates

California Water Right Ownership Updates Required

California, Water law / By

California Water Right Ownership Updates Required The State of California wants to know when you sell or transfer water rights. As part of any land use transaction involving water rights, regulations require landowners to provide notice to the Water Resources Control Board (WRCB) when water rights transfer to new owners. The WRCB will accept any

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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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