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 »
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 »
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
Walla Walla Subbasin Closed to New Groundwater Permits 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 plays some serious water games, and so should you! Serious gaming is an emerging tool in negotiation, mediation, and water conflict. Serious water gaming acts is a way to share knowledge, interact in an engaging way, and build capacity to solve the real problems in water resources. The games allow for
Schroeder Law Offices Plays Serious Water Games Read More »
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
Oregon Department of Fish & Wildlife files for Instream Rights in Hood River Basin Read More »
Last month we were fortunate to take our sons to visit Glacier National Park in Montana. It was a great opportunity, especially in light of the fact that Glacier National Park’s glaciers are melting and will be gone in our lifetime! Last month, the United States Geological Survey (“USGS”) released data showing that the park’s
Melting Glacier National Park 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 »
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
NWRA Free Water Conservation Ideas Sharing Forum Read More »
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,
Oregon Legislature Considers Bill to Fund Meters Measuring Groundwater Use 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 »
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
Showing Diligence in Water Use by Tracking Water Use Meters Read More »
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
Montana Recognizes Interconnection of Groundwater and Surface Water Systems Read More »
On October 13, 2016, the Nevada Division of Water Resources (“NDWR”) provided notice that a new Application for Extension of Time form must be used when requesting an extension of time for the submission of a Proof of Completion of Work, Proof of Beneficial Use or Cultural Map. It appears that NDWR is placing more
New Request for Extension of Time Form Issued by Nevada Read More »
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
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
Forecasting 2017 Water Legislation in Nevada Read More »
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
California Water Right Ownership Updates Required Read More »
