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 its Basin Program rules in such a way to not allow this popular and pervasive type of use in these particular basins.

Nursery water use permits are different than irrigation use permits. The “default” characteristics of a nursery use permit include year-round water use, a rate equal to one-fortieth cubic foot per second per acre for containerized nursery plants, and a duty of five acre feet per acre per year for containerized nursery plants. By contrast, irrigation use permits are limited to the “irrigation season” that is typically from March through October, one-eightieth cubic foot per second per acre, and two and a half acre feet per acre (depending on the location). Moreover, irrigation use is limited to artificial application of water to plants, while nursery operations use includes use in nursery facilities for much more than direct application to plants (soil preparation, temperature control, application of chemicals or fertilizers, etc.).

The Department’s Basin Program rules may be found at Oregon Administrative Rules Chapter 690 Division 500 and thereafter. Each Basin Program outlines classified water uses that are authorized within the basin, or within particular stream reaches of the basin. None of the Basin Programs specifically classify nursery operations use as an authorized water use. The Basin Programs do, however, classify irrigation and agricultural water use as authorized uses. Nursery use comes under the umbrella of these two types of water uses. As such, the Department issued nursery operations use permits on a regular basis throughout the State.

Division 500 provides definitions that are particular to the Basin Programs that follow. The definition of “irrigation use” in Division 500 is “the use of water for agricultural water use, cranberry use, irrigation, nursery operations use, or temperature control…” However, this definition is limited to specific Basin Programs, excluding the Willamette, Sandy, and Goose & Summer Lakes Basins. As such, Department staff recently informed us that the Department will no longer issue nursery operations use permits in the Willamette Basin. We assume the Department will have the same opinion as to the Sandy and Goose & Summer Lakes Basins. Further, it is possible the Department will also cease issuing cranberry use and/or temperature control permits in all three basins, depending on the specific classifications in the basins.

It will be very important for new applicants in the Willamette, Sandy, and Goose & Summer Lakes Basins to realize the limitations of different types of water uses available to them in different basins, and to clearly articulate all details of the requested water use. In our recent revision of a pending nursery use application in the Willamette Basin, our office drafted the specific water use conditions we were requesting on behalf of our client to ensure no errors occurred during permitting. Costs will also increase if additional fees must be paid to the Department to request multiple uses (such as irrigation and agricultural use) to replace the more “global” nursery operations use applications.

Make sure to stay tuned to Schroeder Law Offices’ Water Law Blog for more news that may affect you!

Update:

At the beginning of 2018, the Department rethought its position with regard to ceasing nursery use permits in the Willamette, Sandy, and Goose & Summer Lakes Basins. The Department resumed issuing such permits as of the date of this update. It is important to realize how agency policy and interpretation can shift over time, affecting water use rights in Oregon. This is a good example of that phenomenon.

Eastern Oregon is already experiencing above-average snowpack levels for this time of year, reports the Capital Press: link.

This follows above-average snowpack and precipitation reports from the 2016-2017 water year, and looks to be good news for Oregon water users as we continue to climb out of the recent drought. (You may remember seeing the Owyhee Reservoir draining water through the “Ring Gate” or “Glory Hole” in 2017 for the first time since 2011; see the video here.) See also, Natural Resources Conservation Service Oregon Basin Outlook Report (June 1, 2017): link.

The good start to the 2017-2018 water year, combined with carryover storage in some Eastern Oregon storage reservoirs, could even result in water releases for flood control in early 2018, according to the Capital Press.

Stay tuned to Schroeder Law Offices’ Water Law Blog for more news that may affect you!

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 those farmers and ranchers out there who are growing crops to feed the world, or otherwise contributing to the food and fiber industries in this and other countries.

Just this summer, we toured our clients’ properties learning how they are using technology and advancements to increase their crop yields on the same acreage with the same water use. We also learned how our clients are working with nutritionists to feed cattle in the optimal fashion to raise beef and other meat sources. We are proud that we can support our clients’ water needs in their pursuit to sustainably feed the world!

What are you doing for World Food Day?

Schroeder Law Offices (“SLO”) represents a wide variety of water users ranging from municipal to agricultural to domestic. On August 12, 2017, the Portland and Reno teams took an educational field trip to learn more about some of the industries that it supports in Northern Nevada.

The first half of the field trip included touring Western Nevada Cattle Feeders facilities in Fernley, NV, participating in an informational and educational discussion with feedlot owner Dave Stix about his cattle business as well as the cattle industry as a whole. Following the feed lot tour, the SLO team was able to tour two sale yards in Fallon, NV. The first sale yard, Fallon Livestock LLC, was not holding a sale which provided us the opportunity to walk through the entire facility and learn how cattle are bought and sold. The second sale yard, Nevada Livestock Market, was holding a special sale which provided the Schroeder Law team with a view the fast pace of a live auction.

The second half of the field trip included a tour of irrigated, farm land in Fallon, NV as well as learning about the sources and process of water delivery for the farmers of the Truckee-Carson Irrigation District with our tour guide and expert for the day, Norm Frey of Frey Ranches in Fallon, NV. This provided the Schroeder Law team the opportunity to learn about the Newlands project and gain a better understanding of farming and the specific irrigation systems in Northern Nevada. Education included identifying crops as well as learning more about how the science of farming in Northern Nevada including the tremendous strides made with the use of technology.

By taking field trips and learning about the businesses, industries and geographic regions that our clients reside in, our team’s goal is to be better prepared to understand the issues of our clients and to represent their interests.

The week of August 28 through September 1, 2017 is “World Water Week,” an international conference organized annually in Stockholm, Sweden that focuses on new thinking and positive action toward water-related challenges and their impact on the world’s environment, health, climate, economic and poverty reduction agendas. The World Water Week annual forum is held by the Stockholm International Water Institute (SIWI) to provide a platform for collaborating organizations to gather for seminars and events regarding water and development issues. Individuals from all over the world gather to present findings at scientific workshops and examine methods for examination and collaboration on water-related topics. Each annual conference has a theme, the 2017 theme is “Water and Waste: Reduce and Reuse.”

The 2017 conference will include more than 200 sessions of seminars, volunteer projects, events, exhibitions, closed meetings and social events that link scientific understanding with policy and decision-making to develop concrete solutions to water, environment, and development challenges. A list of participating organizations can be found on the SIWI World Water Week website.

Research and information shared at the World Water Week forum is exchanged between scientific, business, policy, and civic communities with the goal of implementing actions and commitments and impacting decisions related to international processes regarding water-related challenges. To learn more about SIWI’s dedication to to finding solutions to international water challenges, read more about the institute.

[Photo Credit to Stockholm International Water Institute (SIWI)]

In February 2017, the town of Oroville, California was in for quite the surprise! Butte County Sherriff’s Office issued a mandatory evacuation notice as the full reservoir (Oroville Lake) above Oroville threatened to wash out residents. The reservoir’s dam spillways were severely damaged by increased water flow caused by the seemingly unceasing rains. Now the question is when will it be fixed, and what happens next?

Many residents have noticed the hustle and bustle of workers and heavy machinery at the Oroville Dam and are wondering what is actually going on.  Rumors abound. According to the San Francisco Chronicle, some say the work must be a secret effort to mine undiscovered gold, or some suspect a missile is taking shape…not a new spillway. Regardless of what the rumor mill might be stirring, one question is on everyone’s mind – Will it be done in time for the winter and spring rains in 2018?

Officials say that they want the spillways to be operational by November 1^st, 2017 in case the lake fills up by then. Final touches, on the other hand, will have to wait until next summer. Some residents fear that the work is only a patch job and not a permanent fix, and skeptics are not going to wait around to be proven right or wrong.

One thing is for sure, the California Department of Water Resources is required to make sure that the dam is safe before it is fully operational. Arguably, residents should receive assurance of that the dam is safe before the 2018 rains hit and the lake fills up.

In the meantime, assignment of blame for the 2017 disaster continues. State officials are investigating the spillways and looking into the possibility that poor management is to blame for their damage. One official says that he expects the team’s findings to have implications for other dams in California, and beyond.

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 prior to those dates are known as “vested water rights” or “vested water claims”.

In order to determine the extent and validity to a vested water use claim, the Nevada State Engineer follows an adjudication procedure outlined in Nevada Revised Statutes wherein the State Engineer issues a Notice of Order for Taking Proofs. This Notice alerts the public that the office of the State Engineer is preparing to review and analyze all claims to vested water rights and determine the validity and extent of each claim. The State Engineer provides a deadline for claimants to file their proofs of appropriation for that basin that is being adjudicated. The State Engineer then carefully considers each claim, with its supporting documentation, and makes a determination of each and every claim to a vested right in that basin.

Historically, there were no deadlines to file a proof of appropriation to claim a vested right to use water until the State Engineer began adjudicating specific basins. While many groundwater basins and surface water systems are adjudicated, there are many that have yet to undergo the process.  Prior to the 79^th Nevada Legislative Session, it was not until the State Engineer issued a Notice of Order for Taking Proofs to Determine Water Rights wherein a deadline to file Proofs of Appropriation was set. Senate Bill 270 has amended the statute to set a deadline of December 31, 2027 for any and all proofs of appropriation to be filed in any basin, whether or not an adjudication has been ordered for that basin. The newly revised statute reads “If a claimant fails to file such proof on or before December 31, 2027, the claim shall be deemed to be abandoned.” To read the full text, please visit https://www.leg.state.nv.us/Session/79th2017/Bills/SB/SB270_EN.pdf.

The State Engineer will be required to provide notice of the new deadline in the Newspaper of every groundwater basin in the state and online, and the deadline is still 10 years away. However, after this date no proofs of appropriation will be accepted by the State Engineer, with the only exception of Federal agencies claiming reserved rights. Anyone who believes they may have a claim to a vested right will need to keep this very important deadline in mind. For more information on what is required to support your proof of appropriation, go to https://www.leg.state.nv.us/NRS/NRS-533.html#NRS533Sec115 or http://www.water-law.com/water-rights-articles/nevada-water-rights/.

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, you can view the power point used during these meetings by visiting http://water.nv.gov/HumboldtRiver/Humboldt_regs_Small_Business_July_2017.pdf.

As a brief history, the Humboldt River was adjudicated in the 1930’s and large scale groundwater development began approximately 20 years later. Existing studies support the assertion that groundwater pumping is depleting surface river flows. The groundwater basins surrounding the Humboldt River are over-appropriated as the amount of water withdrawals allotted by water rights exceed the perennial yield. As an alternative to curtailing water, the State Engineer is considering Conjunctive Management Regulations. The main objectives of these regulations are to maximize beneficial use of our limited water supply, allow for continued and uninterrupted groundwater use and provide mitigation to senior Decreed water right holders for conflicts of their delivery of surface water. These regulations aim to allow for replacement of injurious depletions to the senior surface right holders, and if replacement water is not available, to require groundwater users to participate in a basin-wide mitigation plan providing mitigation by financial compensation.

At this stage in the rule making process, the State Engineer is attempting to determine if the regulations are likely to place an economic burden on small businesses, and if so, to determine the extent of the impact. Small businesses can submit economic impact statements to the State Engineer for consideration. There are no current deadlines imposed by NDWR for submission of small business impact statements or comments to statements, however, it is likely that we will see some movement within as little as 30 days.

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 State Engineer in setting up informational meetings to discuss concepts in forming the regulatory plan and to obtain feedback on the plan’s economic impacts to small business, farms and ranches.

Currently the United States Geological Survey (“USGS”) and the Desert Research Institute (“DRI”) have a four-year study in the 34 groundwater basins that adjoin the Humboldt River Corridor. The results from the study will determine which individual groundwater wells are hydrologically connected to the surface water flows of the Humboldt River, and to what extent their connection impacts surface flows. Armed with this information, the Conjunctive Management Plan aims to apply annual financial assessments to be paid by each injurious groundwater well in an attempt to recompense senior surface water right owners for their loss of water.

The State Engineer’s preliminary draft regulations for conjunctive management identify the purpose of the regulations as a means to establish rules for a Mitigation Program for the Humboldt River and tributaries identified in the Humboldt River Decree and hydrologically connected groundwater. The plan will establish rules for mitigating conflicts through water replacement or other mitigation measures. The plan will identify water rights of use that are subject to or exempt from plan regulation. The draft regulations identify affected parties as any holder of water rights under the Humboldt River Decree, groundwater right holders whose pumping is determined to capture at least one percent of any Humboldt River Decreed water right, and mining projects whose mine pit lakes capture at least one percent of any decreed surface right and holders of storage water in Rye Patch Reservoir.

The preliminary draft regulations state that the percentage of capture will be initially determined by the USGS/DRI study and thereafter by any further study found suitable by the State Engineer. The State Engineer will determine the amount of conflict to each surface water right and the amount of injurious depletion by groundwater rights, measured in acre-feet, for use in establishing and enforcing the Mitigation Program. The Mitigation Program will be mandatory for all groundwater users determined to be injurious to senior surface water right users. Administration of the program will be funded through existing groundwater and surface water assessments, and the program itself will be funded by groundwater right holders or responsible parties of mining projects, based on their injurious depletions.

The preliminary draft regulations offer regulated groundwater users an alternative to the Mitigation Program by working with the State Engineer to obtain an approved water replacement plan or other type of mitigation plan. If a groundwater right holder fails to participate in the Mitigation Program or have an alternative mitigation plan approved by the State Engineer, that water right holder will be prohibited from diverting any groundwater until the injurious depletion is mitigated and may be subject to penalties and fines.

If you would like to learn more about the draft Regulations for the Conjunctive Management of the Humboldt River Basin, or would like to offer feedback concerning potential economic impacts imposed by the regulations or Mitigation Plan to small businesses, you are encouraged to attend one of the following informational meetings.

Monday, July 17, 2017: 6:30 PM at the Lovelock Community Center in Lovelock Nevada;
Tuesday, July 18, 2017: 6:30 PM at the Humboldt County Cooperative Extension Office in Winnemucca Nevada;
Wednesday, July 19, 2017: 6:30 PM at the Battle Mountain Civic Center in Battle Mountain Nevada; and
Thursday, July 20, 2017: 6:30 PM at the Elko County Conference Center in Elko Nevada.

As many know, Oregon is home to some pretty diverse soil types that allows Oregon to grow a vast variety of food and fiber. The climate is varied from western to eastern Oregon that also allows farmers to have some choice in farming methods including irrigation practices.  The never ending issue is water, especially if “mother nature” provides too much or not enough at any given time in the growing cycle.

In Oregon, 2,040,200 acres are used for Field Crops (13.1% according to a 2010 study). Of those 2.04 million acres, 37,000 are used for barley, 30,000 acres are used for corn, 370,000 acres are used for alfalfa hay, and 6,600 are used for hops.  While barley and most grains can be grown without applied irrigation, on dry land, all other commodities generally require applied irrigation.   In 2009, hay (all types) and grass seed were among the top 10 commodities in Oregon according to the Oregon Department of Agriculture.  Hay is a feed crop necessary for meat protein production while grass seed is largely used by the landscape industry including golf courses. These two commodities, hay and grass seed, brought in nearly $2 Billion, according to the OSU Extension Service. We use more land on commodity agriculture than any other type of agriculture, it’s no wonder there’s sticker shock when shopping at grocery stores, particularly for organic foods that require more inputs.

You can learn more information about Oregon crops, by visiting the USDA website or by going to the Oregon Department of Agriculture’s website. To keep informed about water use issues and news, subscribe to our blog. 

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 37 glaciers have melted an average of 40% since 1966. USGS’s research ecologist, Daniel Fagre warns that at this rate, they will be gone within our lifetime and notes that in order for the glaciers to survive, the area must experience significant cooling.

If the park loses its glaciers, significant changes will impact not only the environment, but also wildlife. The stream water volume, change in water temperature and timing of run-off will have direct impacts on the park’s aquatic wildlife. Glacier National Park’s glaciers are estimated to be 7,000 years old, however, it appears the same changes to our environment that threaten our water sources in times of drought are also taking away our precious National Monuments. Plan a visit to see these glaciers before they are gone!

On the tails of the wettest winter on record for the Sierra Nevadas, counties in Nevada are bracing for the impact of snowmelt on local rivers and tributaries. As reported by the Los Angeles Times, storms from the 2016-2017 winter made it the wettest winter in a century of record-keeping for the Sierras with a total of 89.7 inches of precipitation recorded since October. This number breaks the record held by the 1982-1983 season that sat at 88.5 inches. Counties in both states have declared the end of drought as a result, but while the water will provide significant remedy to both the states of Nevada and California’s water supply many communities are also in a race against the heavy snowpack as it melts.

On April 13, 2017 Governor Brian Sandoval of Nevada hosted a 2017 Spring Flood Briefing to discuss the potentially devastating flooding that could impact communities in Northern Nevada as the record snowpack begins to melt into already full lakes and reservoirs. While many parts of Northern Nevada experienced flash flooding this 2016-2017 winter season as rivers and streams overflowed during powerful storms, this spring could bring a different risk by way of saturation flooding. As reported by the Reno-Gazette Journal in their April 13, 2017 article, record water levels put some places and communities in the Walker and Carson River Basins at risk as the melting rate quickens in the warmer season. Nearly 500 billion gallons of water are expected to flow into the already swollen Walker and Carson Rivers, toting potential for these rivers to be at record high levels well into the summer of 2017.

Water levels in the Lahontan Reservoir, near Fallon Nevada, already pose a threat to the Lahontan Valley before summer even begins; officials orchestrated a “Big Dig” project in which 17 miles of canal were built to divert the massive amount of water stored upstream from the Sierra Nevada snowpack. The project was built to prevent water from impacting homes and highways across the Fallon Desert in Churchill County. The canal is one of many emergency diversion projects in place throughout the region, projects dedicated to dramatically decreasing the risks for saturation flooding in the area.

Nevada residents can learn more information regarding potential flooding by viewing the Nevada Department of Conservation and Natural Resources’ flood briefing presentation here.

Partner Sarah Liljefelt and Assistant Administrator Kelley Wesson are heading to Olympia, Washington this weekend to race dragon boats with the Oregon Women Lawyers team, the Dragonflies, at the Port of Olympia. The Oregon Women Lawyers Dragonflies is an all-women, competitive dragon boat team made up of attorneys, paralegals, and other legal professionals. The team took bronze at last year’s race, and they are hoping to medal again this year! For more information about the team, visit their website. Come on down to the race if you are in the area. Sarah and Kelley would love to visit with you between race heats.

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 various agencies throughout the West, who will share their successes and setbacks in implementing their various water conservation programs. And the best part is, the Water Conservation Ideas seminar is free regardless of attendance to the Western Water Seminar! For more information on attending this seminar to gain valuable knowledge of conservation ideas, please see http://www.nwra.org/2017-municipal-caucus-meeting.html.

World Water Day is an opportunity to learn more about water related issues and the importance of freshwater and the sustainable management of freshwater resources. Since March 22, 1993, the United Nations has declared this day as World Water Day. The goal of the United Nations is to ensure that the world’s population has access to clean, drinkable water. Recently, in the United States, nearly 2,000 water suppliers serving over 6+ million people in all 50 states found excessive and harmful amounts of lead.

2017’s World Water Day theme is “Why Wastewater?” which focuses on ways to reduce and reuse wastewater. Currently, over 80% of wastewater from our homes, cities, industry and agriculture flows back to nature. There are vast amounts of opportunities to use wastewater as a sustainable source of water, energy, nutrients and other recoverable materials. By improving the collection and treatment of wastewater the 1.8 billion people that only have access to drinking water contaminated with feces could prevent the 824,000 deaths each year from preventable diseases such as cholera, dysentery, typhoid and polio.

Other than the use of drinking water, freshwater also impacts our economy. Half of the world’s workers are in water related sectors and more than $450 billion spent on foods, fiber, manufactured good and tourism all depend on watersheds. Large cities can improve water quality through upstream forest protection, reforestation and improved agricultural practices.

Remember:  There is NO ALTERNATIVE to WATER!

To learn more about World Water Day and how you can help, please visit www.un.org.

Co-Authored By: Attorney Therese Ure & Lisa Mae Gage

In August 2015 the United State Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) put their stamp of approval on the Waters of the United States (“WOTUS”) final rule. The WOTUS rule significantly expanded the definition of “waters of the United States” under the Clean Water Act, granting federal regulatory control over virtually all waters in the United States. Many groups opposed this rule, arguing that it expands federal jurisdiction, resulting in the imposition of burdensome requirements on agricultural producers.

On February 28, 2017, President Donald Trump signed an executive order directing the Administrator of the EPA and the Assistant Secretary of the Army for Civil Works to review the WOTUS rule to ensure the nation’s navigable waters are protected, as well as to promote economic growth and show due regard for the roles of Congress and the States. See https://www.whitehouse.gov/the-press-office/2017/02/28/presidential-executive-order-restoring-rule-law-federalism-and-economic.

President Trump also directed the administrators, along with the heads of all executive departments and agencies, to consider interpreting the term “navigable waters” as it is defined in 33 U.S.C. 1362(7), and consistent with the opinion of late Justice Antonin Scalia in Rapanos v. United States, 547 U.S. 715 (2006). Considering these interpretations, one might construe “navigable waters” as waters in the United States, including the territorial seas, that are “navigable in fact” or readily able of being so.

This executive order was preceded by a House Resolution . See https://www.congress.gov/bill/115th-congress/house-resolution/152/text. The Resolution states WOTUS should be withdrawn or vacated as the EPA and Corps did not follow proper procedural steps and claimed expansive jurisdiction that infringes upon State authority.

Several agricultural groups are strongly supporting the House Resolution and the Executive Order. As water is a valuable resource to all, regulation upon it must be closely scrutinized and controlled. According to the agricultural community, President Trump’s executive order and the House Resolution regarding WOTUS is a welcomed relief.

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 Nevada State Engineer and Nevada Division of Water Resources during the session, as well as five bills from the Nevada Legislative Committee to Study water, and five bills from individual legislators and committees.

The four senate bills to be introduced to the 2017 legislative session that include potential changes to water law in Nevada are as follows: Senate Bill 47 (SB47) proposes various changes to the appropriation of water; Senate Bill 51 (SB51) proposes various changes to the adjudication of vested water rights; and Senate Bills 73 and 74 (SB73 and SB74) propose the revision of various provisions relating to water rights and use in the State of Nevada. Any pre-filed bills, which include the senate bills listed above, are available for public viewing on the Nevada Legislature’s website at https://www.leg.state.nv.us/Session/79th2017/Reports/Prefiled.cfm. By clicking on the link for the proposed bill, users can view the full bill text as introduced to the Senate as well as the bill’s history of hearings or votes as the session moves along. These bills are also referred to the Senate Natural Resources Committee for review.

While proposed bills could bring changes to water law at a statewide level in Nevada, county officials and other local groups are also working to develop local water management plans. The Nevada Farm Bureau, for example, has a collected a group of interested volunteers to participate in a Water Discussion group for water management plans specific to volunteers’ areas around the state. The Bureau also continues to encourage interested parties to contact them for more information regarding such discussion. According to the Pahrump Valley Times, officials in Nye County have conducted studies on a number of wells in the Pahrump Valley that have the potential to go dry. Further, studies are ongoing in the Humboldt River Basin and being conducted by USGS and DRI. It appears scientists are looking to understand the groundwater system better.

Studies such as those being conducted in Nye County will likely continue across the state in preparation for recommendations on approval or denial of the proposed water law changes in Nevada’s 79th Legislative Session in 2017. Counties and hydrographic basins may have different needs based on appropriation and water sources available. The interested public can keep current with session information and the drafting and approval of bills as the session persists at the legislature’s website: https://www.leg.state.nv.us/Session/. County and city papers also continue to publish information regarding more local sessions.

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 for critical management areas.

The Nevada Farm Bureau recognized that under state law, local citizens have an opportunity to propose groundwater management plans in order to bring allocated water rights of use back into balance with actual available water resources. The State Engineer has identified one water basin, Diamond Valley, as a Critical Management Area. This basin is open to Groundwater Management Plans, that can be proposed by local citizens. In the new policy, the Nevada Farm Bureau provides an outline of criteria a management plan must meet in order to obtain support of the Farm Bureau. Some key points, among others, stipulate that the proposed plan must be developed at the local level, must recognize priority of senior water right users, and must restrict the water covered by the plan from leaving the basin.

The Farm Bureau’s goal with the new policy concerning groundwater management plans is to address and provide guidance to possible changes in state water law that may come up in the next legislative session. The Farm Bureau believes this new policy will positively impact farming and ranching industries by protecting its most important resource.

The U.S. Army Corps of Engineers, Bonneville Power Administration, and the Bureau of Reclamation (“federal agencies”) are engaged in a five year process to analyze the effects of the Federal Columbia River Power System on salmonid species. In May 2016, District Court Judge Michael Simon found the federal agencies had violated the Endangered Species Act and the National Environmental Policy Act.[1] Specifically, Judge Simon said the federal agencies erred in failing to manage the Federal Columbia River Power System with strategies beyond the hydro-mitigation efforts that failed in the past.

Therefore, the Judge ordered the federal agencies to develop a new biological opinion to address: 1) mitigation measures to avoid jeopardy to salmonid species; 2) development of a Biological Opinion that complies with the Endangered Species Act; and 3) development of an Environmental Impact Statement that complies with the National Environmental Policy Act and addresses the impact of the Snake River dams on salmonid species. In his opinion, Judge Simon suggested a proper analysis should include considering breaching, bypassing, or removing the Lower Snake River dams.

The federal agencies will hold public scoping meetings around Washington, Idaho, and Oregon in the next weeks, in addition to two webinars.[2] Written comments will also be accepted until January 17, 2017. The meetings will be held from 4-7 PM as follows:

• November 29th, Boise, Idaho
• December 1st, Seattle, Washington
• December 6th, The Dalles, Oregon
• December 7th, Portland, Oregon
• December 8th, Astoria, Oregon

The scoping meetings are an important way for stakeholders to help the federal agencies narrow the issues and focus on key concerns. After the time period for the scoping meetings, the federal agencies will prepare a draft environmental impact statement that will be available for public comment.[3] The federal agencies must respond to all substantive comments on the draft environmental impact statement.

It is recommended that parties interested in the outcome of the federal agencies’ decision attend a scoping meeting and make comments. If an interested party later wants to challenge the federal agencies’ decision that a certain alternative should have been analyzed in the NEPA document, the court may not hear the concern.

Written comments may be made in person at one of the scoping meetings, submitted via mail, via email, or through the federal agencies’ online portal. Information about how to submit such comments is available at www.crso.info. 

[1] Nat’l Wildlife Federation v. Nat’l Marine Fisheries Serv., 2016 U.S. Dist. LEXIS 59195 (D. Or. 2016).

[2] www.crso.info

[3] 40 C.F.R § 1502.9

The Nevada Division of Environmental Protection (“NDEP”) has been evaluating nonpoint source water pollution, occurring when rain, snowmelt and irrigated water flowing over developed land carries contaminants into Nevada waterways. Accordingly, NDEP implemented a Nonpoint Source Grant Program to provide funding to qualifying state, regional and county agencies, as well as conservation districts and nonprofit agencies. These programs aim to improve water quality, educate the public about nonpoint source pollution and to implement watershed improvement plans.

The NDEP reviewed requests for proposals (“RFP”) during 2016 and has selected 12 projects to award grant funding. The proposed plans will aim to reduce pollution impact from nonpoint sources. The funds originate from a US Environmental Protection Agency grant awarded by the Clean Water Act. Additional grant funding is expected to be awarded through a 2017 RFP process during 2017.

If you would like to learn more about the Grant Program, or to see a list of the projects that have been awarded grants for the 2016 year, please visit http://ndep.nv.gov/bwqp/file/319h_rfp/2016PojectsFunded.pdf.