How can you remove easements and other adverse interests from real property?  Suppose you are buying, selling, or developing real property. A lot about the property can be revealed through due diligence, the preliminary title report, or the deed. Sometimes – hopefully not often– this work can surprise property interests and impact a successful conveyance.

In this webinar attorneys Sarah Liljefelt, Nicole Vetter, and Laura Schroeder will share legal strategies to investigate and discover adverse property interests. They will look at title reports and on ground inspection and other sources. Such interests might include

• well sharing agreements,
• ditch easements,
• pipeline or water infrastructure or utility easements.
• or road easements.

Removing or amending these adverse property interests could be critical depending on your transaction goals.

You must register in advance for the webinar by following this link: https://us02web.zoom.us/webinar/register/7816340806642/WN_e2G4lGikT0Sss2sTz11tDw

This webinar will be the 6th in our 2021 series of webinars we have called the “Vaccine” Series. This series is in respect to the on going fight against COVID.  Replays or the past webinars can be viewed at our Water Rights Video Handbook or Guide.

The last webinar of the series will be next month on November 9. It will ask “Should You or Can You Take Storm Water into Your Existing System?”

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The first webinar of the series, Contracting Out-of-Boundary Water and Wastewater Services will take place on Tuesday, May 18, 2021 from noon to 1:00 PM, Pacific time.  Laura Schroeder and Caitlin Skulan will discuss contracting water and wastewater services outside a municipal or utility service boundary in Oregon, Nevada, and Idaho. The discussion will include when out of boundary contracting can occur, the duties owed to those inside and out of boundary, and other terms that should be included in these agreements. Participants will also learn about the pros and cons of out-of-boundary contracts. Attendees must pre-register for this webinar here!

Future VACCINE webinar topics will inlcude:

• Tuesday, June 22^nd—What to Do When There Is No Water: Drought Tools Explained;
• Tuesday, July 13th —What Terms to Include in a Well Share Agreement?
• Tuesday, August 3rd – How to Take Advantage of a Winter Appropriation Using Storage;
• Tuesday, September 14—Due Diligence for Canal, Pond, and Drainage Maintenance: Wetlands Delineation;
• Tuesday, October 19—How to Change or Remove an Easement (Ditch, Road, Well Share) from Real Estate; and
• Tuesday, November 9—Should or Can You Take Stormwater into Your Existing System?

Afterward, webinars are available here.  Schroeder Law Offices gives you “on demand” access to educational content while maintaining social distance!  Stay tuned to the Schroeder Law Offices blog for announcements about the upcoming webinars.  If you have any problems with registration or viewing, please contact Scott Borison at: scott@water-law.com. 

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Trading Water as a Commodity

Unappropriated water has long been considered a public resource. It is subject to private ownership rights and development, to be sure. But the law generally treats water differently compared to commodities like consumer goods or other natural resources like lumber. The UN recognized water’s essential role in the public commons in Resolution 64/292. It declared a “human right to water” and acknowledged “clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.” However, recent developments in water markets could signal a shift in long-held perspectives. In early December, California water futures contracts began trading on stock exchanges for the first time ever, bringing water in line with other commodities like gold and oil.

At its most basic level, a futures contract is an agreement to buy or sell a commodity at a future date. The price and amount is set at the time of the contract. This gives cost certainty to buyers in volatile markets, but also invites outside speculation. The water futures here are tied to the Nasdaq Veles California Water Index, which tracks the spot market for water in California. The index has doubled in value over the past year. Tying futures contracts to the index allows buyers to “lock in” a price long before they will actually purchase water.

Pros and Cons

Proponents of the venture claim that the futures will add price certainty and transparency to the traditional spot water markets. Spot markets typically bring high prices and uncertainty for water users in dry times. Farmers, municipalities, manufacturers, and energy producers can look to the futures market for data on current and past prices. They can use that information to make informed decisions about what future prices might look like in dry times down the road. This allows water users to enter into futures contracts to offset the higher cost of water in the future.

However, some detractors fear placing water futures on the open market undermines water’s value as a basic human right. Pedro Arrojo-Agudo, a UN expert on water, worries that the futures market poses a risk to individual water users. This is because “large agricultural and industrial players and large-scale utilities are the ones who can buy, marginalizing and impacting the vulnerable sector of the economy such as small-scale farmers.” Additionally, trading futures on stock exchanges invites speculation from outside investors like hedge funds and banks. Speculation could lead to bubbles like we saw in 2008 with the housing and food markets. After all, western states that regulate water under the Prior Appropriation Doctrine prohibit water speculation. This fear may be far from realization, though. Analysts believe that water is currently too abundant worldwide to become a highly sought after commodity on global financial markets.

Looking Forward

Though brand new, California’s water futures trading represents an interesting experiment in water market innovation. Currently, spot water markets are the dominant avenue to buy and sell water. Some entities, like the Western Water Market, are trying to make the process easier. These futures are another step in that direction. In Schroeder Law Office’s webinar, “Buying and Selling Water Rights,” we noted the difficulties in developing water markets. For example, water isn’t fungible, water rights include specific conditions and restrictions, and the transfer process is often lengthy, limited in allowable scope, and expensive. On top of that, scarcity issues abound. Although the new water futures trading will not solve those particular problems, it is worth keeping an eye on. Water futures may successfully help California water users better manage prices. If so, futures trading could spread throughout other western states.

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

This blog was drafted with assistance from law clerk Drew Hancherick, a student at Lewis & Clark Law School.

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In case you missed it, on June 10, 2020, Schroeder Law Offices presented a webinar on stockwater on and off public land.  Panelists included Laura Schroeder and Therese Ure of Schroeder Law Offices, P.C. and Alan Schroeder of Schroeder Law in Boise Idaho.  The panelists discussed stockwater in Nevada, Idaho, and Oregon.

The webinar’s topics included:

• How to obtain stockwater rights under state law;
• Special rules for stockwater on federal land;
• Stockwater exemptions;
• Stockwater and federal grazing permits; and
• Common stockwater issues on federal land.

Participants’ questions confirmed the relevance of stockwater on public land.  Both Attorney’s Alan Schroeder and Laura Schroeder answered questions regarding the Limited Agency Agreement for the Purpose of Establishing and Maintaining Stockwater Rights Under the Laws of the State of Idaho. Many Bureau of Land Management permittees recently received these agreements.  Panelists discussed the issue of federal stockwater ownership in Idaho throughout the webinar. Discussion included consideration of the pending Idaho stockwater legislation and the Idaho Supreme Court decision in Joyce Livestock Company v. United State of America.

To view the full webinar, please visit:  https://www.water-law.com/webinars/stockwater-rights/

Schroeder Law Offices provided weekly webinars on an array of water related issues during the 2020 COVID-19 pandemic. To view any previous webinars, please visit: https://www.water-law.com/webinars/.

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In the final COVID-19 webinar, Laura Schroeder, Therese Ure, and Sarah Liljefelt discuss various types of easements and how to protect water access. The webinar airs on June 17, 2020 from 12:00 PM to 1:00 PM. You can view the webinar here!

First, learn the different types of easements, how they are created, and when they might apply. Secondly, the panelists discuss the interpretation of easements and how the interpretation can evolve over time. Further, the presentation outlines common easement issues specifically related to water and protecting water access. Generally, topics will include:

• Basics of property law
  • Estates, deeds, and the “bundle of sticks”
• Types of Easements
  • Express, implied, prescriptive, and “irrevocable licenses”
  • The specific attributes of each kind of easement
  • How you can protect water access to points of diversion, ditches, and pipelines
• Utility easements
• Well sharing agreements

Afterwards, we post our webinars in the COVID-19 Series here, giving you “on demand” access to Schroeder Law Office’s educational events under the “social distancing” orders! This is the final webinar in our COVID-19 series, so stay tuned to our blog for announcements for information about our next events. If you have any issues with viewing the webinars, please contact Scott Borison at: scott@water-law.com.

The post COVID-19 Webinar Series: Easements: Acquire, Maintain and Protect Water Access Including Well Share, Ditches, and Pipelines appeared first on Schroeder Law Offices, PC.

This webinar focusses on acquisition of stockwater use in Nevada, Idaho, and Oregon.  Participants will learn how to obtain new stockwater permitted uses and how to establish rights existing prior to each state’s statutory water code.  Next, participants will learn how stockwater rights of use relate to federal grazing permits.  Last, participants will learn common issues with stockwater use on federal land. The general topics will include:

• Acquisition of Stockwater Rights of Use
  • On Federal Land
  • State Methods
    • Nevada
    • Idaho
    • Oregon
  • Stockwater Exemptions
• Stockwater and Grazing Permits
  • Status to Hold a Grazing Permit
  • Ownership of Water as “Base Property”
  • Water Developments on Federal Land
• Other Stockwater Issues on Federal Land
  • RS2399 Right-of-ways
  • Grazing in Wilderness

Please join Laura Schroeder and Alan Schroeder as they discuss stockwater on and off public land! Afterward, we will post this webinar here along with our other COVID-19 webinars. Schroeder Law Offices gives you “on demand” access to educational content while maintaining social distance!  Our COVID-19 series continues for one more week.  Don’t miss our last webinar about water infrastructure easements on June 17, 2020 from 12:00 PM to 1:00 PM .  Stay tuned to the Schroeder Law Offices blog for announcements about the upcoming webinars.  If you have any problems with registration or viewing, please contact Scott Borison at: scott@water-law.com.

(photo credit: https://www.rotorflush.com/applications/livestock-watering/; https://www.beefmagazine.com/blog/9-ranch-management-concepts-improve-your-ranch) 

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By Therese Ure and Lisa Mae Gage

In case you missed it, on May 13, 2020, Schroeder Law Offices presented a very informative webinar regarding water right adjudications. (To view the full webinar, please visit https://www.water-law.com/webinars/water-right-adjudication/). During this webinar, attorneys Laura Schroeder and Therese Ure provided attendees with valuable information concerning water codes in Oregon and Nevada, the post code adjudication process, types of evidence considered in determining a pre-code vested right and general components of decrees.

One major take away from this webinar is the Sunset Date for Nevada vested claims. Pursuant to Nevada Senate Bill 270 that was enacted in 2017, Nevada now has a “Sunset Deadline” of December 31, 2027 by which all vested claims must be filed with Nevada Division of Water Resources (“NDWR”). While this deadline merely directs the date on which the Proof of Appropriation must be filed with NDWR, it is recommended that consideration be paid to researching the supporting historical information required to “Prove Up” the vested claim once the source is ripe for adjudication. For more tips on researching historical water use, please go to http://www.water-law.com/water-rights-articles/nevada-water-rights/.

Schroeder Law Offices has been providing weekly webinars for an array of water related issues during the COVID 19 pandemic. To review any previous webinars, or to sign up for any future webinars, please visit https://www.water-law.com/webinars/.

The post In Case You Missed It: Schroeder Law Offices Presentation regarding Water Right Adjudications appeared first on Schroeder Law Offices, PC.

Presenters are Laura Schroeder and Therese Ure with Sarah Liljefelt as moderator.

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Firstly, the presenters introduce water codes in Oregon and Nevada historically, beginning with the adoption of water laws used today. This timeline of events is vital to understanding which pre-code rights are likely to be in a water right adjudication. Subsequently, they explore difference between a pre-code vested right and a post-code certificated right. After that, Laura and Therese discuss the process for adjudications, including the basics of how to file a claim for a water right. 

Secondly, the how-to of presenting evidence of a claim explains what you should know about your water right and how to prove it. Similarly, the presenters talk about how to read a Court’s decree and understand the water right you have been awarded. 

This is one of a series of educational webinars prepared by Schroeder Law Offices. For more information and to view other webinars please click here. Or for other topics use the convenient search function at the top right of this page.

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This is one of a series of educational webinars prepared by Schroeder Law Offices. For more information and to view other webinars please click here. Or for other topics use the convenient search function at the top right of this page.

The post Property Acquisition Due Diligence appeared first on Schroeder Law Offices, PC.

What is Non-Compliant Well Construction?

This webinar reviews Oregon Water Resources Department and Oregon Health Authority rules regarding well construction, why well construction matters to water rights of use, and options to resolve the problems.  Presenters are Laura Schroeder of Schroeder Law Offices, Bob Long of CWM-H2O, LLC, and Clint Kinney of Corvallis Drilling Co. Inc. 

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First the sources of well construction law are discussed. This leads to an explanation of the process for drilling, repairing and deepening wells. General well construction rules and the related hydrology are discussed. Then the discussion focusses on the consequences of non-compliant well construction.

This is one of a series of educational webinars prepared by Schroeder Law Offices. For more information and to view other webinars please click here. Or for other topics use the convenient search function at the top left of this page.

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This is one of a series of educational webinars prepared by Schroeder Law Offices. For more information and to view other webinars please click here. Or for other topics use the convenient search function at the top left of this page.

The post Water Right Cancellation appeared first on Schroeder Law Offices, PC.

[This post contains video, click to play]

This is one of a series of educational webinars prepared by Schroeder Law Offices. For more information and to view other webinars please click here. Or for other topics use the convenient search function at the top left of this page.

The post What to do when the watermaster shuts off your water appeared first on Schroeder Law Offices, PC.

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Laura and Rachelq take viewers on a tour of the Idaho Water Resources Department’s (IDWR’s) website. Specifically they focus on the publicly available Idaho water right research and mapping tools. They start at IDWR’s homepage and explore the various menus, toolbars, and options users will find.

First, there are step-by-step instructions on how to use the Research Hub to find water rights and what results you might expend to find.  Second you learn how to use the Map Hub, focusing on how to locate water rights and wells. Third there is an explanation of more tools and resources in the GIS Data Hub. And finally, some non-research functions of the website are discussed.  This includes how to find forms and instructions for water right applications, transfers, well drilling, and more.

This webinar give you the basic tools to research water rights related to a particular property, within a certain area, held by a certain entity, and/or of a certain type. You will learn how to access water right documents. You will obtain a basic understanding of what information is available to aid your water right research and development.

This is one of a series of educational webinars prepared by Schroeder Law Offices. For more information and to view other webinars please click here. Or for other topics use the convenient search function at the top left of this page.

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This webinar provides an overview of Nevada water right research tools. The presenter is Paralegal Lisa Mae Gage and moderator is Shareholder Therese Ure. NDWR substantially revised its web site in the summer of 2024. This webinar while presenting an overview is no longer accurate in its details.

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This webinar reviews the Nevada Division of Water Resources (“NDWR”) online database. After that Lisa Mae discusses features and highlights, as well as detailed information about water right search tools available on the NDWR website. In addition, she showcases the many ways to investigate Nevada water right research information.

In addition, this webinar outlines search tools NDWR’s water right permit/owner search database, the hydrographic abstract search tool to search by points of diversion or sources and the interactive GIS mapping system. Similarly the presenter reviews data obtained from the search tools.

This is one of a series of educational webinars prepared by Schroeder Law Offices. For more information and to view other webinars please click here. Or for other topics use the convenient search function at the top left of this page.

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This webinar video discusses the ins and outs of water right research in Oregon.  Tara Jackson presents, moderated by Sarah Liljefelt.

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Tara Jackson is a veteran Senior Paralegal with Schroeder Law Offices in Portland.  Tara has been on the front line in dozens of client matters. She has been the go-to expert in Oregon water right research for over 12 years.

Sarah Liljefelt is a shareholder and partner at Schroeder Law Offices. She manages the Portland office and is very familiar with Tara’s work.

In the video, Sarah and Tara take viewers through Oregon Water Resources Department’s (OWRD) website. The video begins at the OWRD website homepage to show viewers where to begin their research.

After the brief overview it gives step-by-step instructions on how to use the Water Right Information System (WRIS) to search for water rights and what you will find in a WRIS search. Second, the video explains the interactive water right mapping program. Third, there is an explanation of how to find documents in the Vault and information on water wells from the Well Report Query. And fourth, the video ends with a short explanation of how to find groundwater data using the Groundwater Information System (GWIS) mapping program and database.

This video will provide you with the basic tools to research water rights related to a particular property or find specific water right documents and much more.

You can view other related webinars here.

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For the sixth COVID-19 webinar, paralegals Rachelq Harman, Tara Jackson, and Lisa Mae Gage will discuss the research tools and resources available on the Idaho Department of Water Resources (IDWR), Oregon Water Resources Department (OWRD), and Nevada Division of Water Resources (NDWR) online databases. The webinar will occur in 3 parts on May 20, 2020.

First, Rachelq, moderated by attorney Laura Schroeder, will present on IDWR’s online resources from 11:00 AM to 11:30 AM Pacific Time (12:00 PM to 12:30 Mountain Time). Next, Tara, moderated by attorney Sarah Liljefelt, will present on OWRD from 12:00 PM to 12:30 PM Pacific Time. Finally, Lisa Mae, moderated by attorney Therese Ure, will present on NDWR from 1:00 PM to 1:30 PM Pacific Time.

Click on the state’s name to register for the Idaho, Oregon, and/or Nevada webinars. We invite you to attend all three, or just the one(s) most relevant to you. If you have any issues with registration, please contact Scott Borison at: scott@water-law.com. If you can’t make it, stay tuned to our blog for announcements for information about the next webinars. Our previous webinars in the COVID-19 Series are available here.

Each of the May 20th webinars will offer suggestions on how to get the most out of each state’s online resources and water right information. First, we will provide an overview of what tools are available on each state’s website, then narrow our focus to water right look up and mapping tools. We will then take you through the steps needed to search for individual water rights. We will also explore the various online mapping tools and files available to aid in water right research. 

Topics will include:

1. Website home page overview
2. Use and function of water right search systems
   1. Types of search fields
   2. Types of search results
3. Use and function of online mapping tools
   1. Finding a water right
   2. Finding a well
4. Other useful tips/tools for water right research

We will offer a surprise discount for online research assistance to be provided by one of the experienced water rights paralegals who are panelists to this webinar for webinar participants.

The COVID-19 Webinar series will continue over next several weeks, including topics related to real estate due diligence and water management organization. Previous webinars are available on our website, giving you access to Schroeder Law Office’s educational events under the “social distancing” orders! Follow Schroeder Law Offices’ Water Law Blog for the most up to date information and announcements!

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