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.

The International Commission on Irrigation and Draining (ICID) hosted the World Irrigation Forum (WIF) in Chiang Mai, Thailand. The 2016 conference serves as the second annual forum.

The intent of the World Irrigation Forum is to bring together all stakeholders in order to provide a platform for the world irrigation community to work to find solutions to the problems the irrigation community faces. Some of the stakeholders involved include policy makers, experts, research institutions, non-governmental organizations, and farms. The most prevalent issues the forum addresses are the depleting freshwater resources due to global warming and climate change as well as the idea of population growth in relation to food security. Through the forum, the ICID hopes to gain sustainable solution to water management for agriculture.

The World Irrigation Forum’s theme for 2016 was “Water Management in a Changing World: Role of Irrigation in Sustainable Food Production.” Under the main theme were three different sub-themes: (i) Key actors in balancing water, food, energy, and ecology, (ii) Management of climatic extremes with focus on floods and droughts, and (iii) Key and smart actions to alleviate hunger and poverty through irrigation and drainage.

The process of being selected to present at this event is a lengthy grueling process which includes multiple drafting and reviewing sessions. The abstracts and papers are viewed by a highly qualified committee which determine the selected papers for presentation. Laura and Therese both had the honor of participating in the Forum! Laura Schroeder was able to lead a presentation titled “Innovative Partnerships v. the Tragedy of the Commons” while Therese Ure was able to present a poster on “Securing Water Available for Irrigation in Times of Drought Must Move beyond Traditional Above Ground Storage Reservoirs.”

The American Water Works Association (AWWA), Pacific Northwest Section’s October meeting focused on seismic resiliency and emergency preparedness by discussing strategies implemented by the Willamette Water Supply Program in building a water delivery system that should withstand a disaster.

The meeting emphasized the importance of building a water supply distribution system on soils that will be less prone to shifting when a disaster, such as an earthquake, strikes. Discussion also ensued relating to a new type of water supply pipe that can withstand ground motion and deformation.

The presentation encouraged all entities in the water delivery sector, no matter at what stage in the water supply distribution process they are involved, to prepare a disaster plan and to develop infrastructure in a way that will withstand the forces of a disaster with minimal damage.

In attending this meeting, it was evident how important it can be to look at not only the minor legal aspects of a client’s current issue, but also to understand and know how the client operates their system. Knowing and understanding the “Big Picture” will allow us to engage in discussions on seismic resiliency and disaster preparedness for our purveyor clients.

The Lander County Commission (“LCCD”) is funding a program for sage grouse enhancement projects and is currently looking for land owners that reside in Lander County (not just ranchers) to participate in a sage grouse project. 

LCCD first received funding for the project in 2014 when they were granted $50,000 to begin projects benefitting the sage grouse habitat.  In 2015 and 2016 they were granted another $20,000 per year and are seeking volunteers to participate in projects like riparian enclosures, water development, drift fencing, pinion pine removal, seeding, fire rehabilitation, spring boxes, and troughs to benefit the sage grouse habitat.

The deadline to apply for 2016 project completion is October 20th, with the goal of awarding the project in October for it to be completed this year and allow the birds to take advantage of its benefits by spring 2017.  To apply, contact the University of Nevada, Reno’s Lander County Cooperative Extension office at (775) 635-5565, or apply in person at 815 N. Second Street in Battle Mountain, NV. 

While October 20th will remain the deadline for 2016 projects, they will be accepting applications even after the deadline for future project consideration and are open to innovative ideas.

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

Whooshh has patented new technology that propels fish through a rubber tube fish canon from one location to another in mere seconds, be the end result a truck to haul fish, or to the other side of a dam as a new type of fish passage. Studies have shown that stress on the fish is lesser in the Whooshh system than traditional fish passage, and the cost is only a fraction of renovating a dam for traditional fish passage.

Check out videos of the Whooshh system (and fish flying through the system) at Whooshh’s website: http://www.whooshh.com/.

Stay tuned to Schroeder Law Offices’ Water Law Blog for more news!

World Water Week 2016 is currently underway in Stockholm, Sweden, an annual event hosted by the Stockholm International Water Institute (“SIWI”).  World Water Week is the annual focal point for global water issues, consisting of more than 140 events covering a range of subjects.  The main theme of the 2016 event is “Water for Sustainable Growth,” a follow-up to the previous year’s topics regarding Sustainable Development Goals (“SDGs”) as adopted by the United Nations General Assembly.  The SDGs, as established by the United Nations at World Water Day in March 2016, focus on water and jobs as one of the keys to future water issues: “making a contribution to better the lives of millions of people by maintaining and creating meaningful jobs related to water and wastewater development, service provision, protection and management.”

Experts attending the event address the value of water and a shared sustainability on a global scale.  Water and climate experts alike call for a Green Water Initiative, using the Water Revolution in Africa as an example.  Large parts of the world are struggling to adapt to a drier reality, but challenges are especially dire in Africa’s drylands.  Developmental options such as rainwater harvesting and other “greenwater” management methods are being suggested to combat the scarcity of water and help to build water resilience for food security and human well-being.

As organizations such as SIWI gather to address and make suggestions regarding water resilience, local concerns echo global concerns.  Water shortages in the State of Nevada raise concern among residents and domestic well owners; more than 20 percent of water basins are over-appropriated – there is more water appropriated on paper than sources to supply it.  Nevada’s Legislative Subcommittee to Study Water, whom held their most recent meeting on August 26, 2016 (details found here), has issued water-conscious statements recommending that local land-use decisions be tied to sustainable water supplies and that water management recognize the connection between surface and groundwater sources.

SIWI’s World Water Week is one of many global events organized with the goal of generating knowledge and power regarding water issues, hosting a number of decision-makers and water professionals in discussions about climate change, energy, sanitation, food, conflict resolution, water management and more.  A few of World Water Week’s highlighted topics (i.e. rainwater harvesting) can be found at http://www.worldwaterweek.org/programme/#since-1991, with resources available in the program archive.

Below, please see the ground water management public meeting schedule posted by the Idaho Department of Water Resources.

Additional Information for Idaho Ground Water Management:

IDWR’s website with the ESPA GWMA information:
http://www.idwr.idaho.gov/water-rights/GWMA/proposed.html

Director’s letter regarding ESPA GWMA:
http://www.idwr.idaho.gov/files/ground_water_mgmt/20160707-Letter-to-Waters-Users-from-Gary-Spackman-Re-Proposed-ESPA-GWMA.pdf

Map of Proposal:
http://www.idwr.idaho.gov/files/ground_water_mgmt/espa-gwma-boundary-map.pdf