Information and Water Rights How-to Articles
This page lists articles and information of general interest to water users. For more information also see Important Links. We have also provided a list of individuals and organizations that may be able to help with your particular water-related issues here, or see articles by outside parties here.
Schroeder Law Offices has assembled Oregon and Nevada River Decrees in PDF format at this location.
Water Law: Informational and How-to Articles
How to Research Land & Water for Proof of Vested Water Right Claims: Prior to Nevada’s water code, water users did not need to apply to the state to obtain water right permits. All that was necessary was that users diverted the water and placed it to beneficial use. This article examines these very old and valuable water rights.
|Oregon Year in Review: Each year Schroeder Law Offices, PC, provides an article to the Oregon Section of The Year in Review (Environment, Energy, and Resources Law) booklet of the American Bar Association. These informative articles summarize important Legislative, Judicial, and Administrative developments of the year. See the following: 2011; 2010; 2009: 2008; 2007; and 2006.|
|WATER RIGHT ASSIGNMENTS AND OWNERSHIP UPDATES
Creating and maintaining clear ownership interests in water: states require that certain types of conveyances be recorded upon transfer. Failure to record a change in ownership will have different consequences, depending on the state at issue. (April, 2011)
|THE FUTURE OF OREGON’S WATER SUPPLY AND MANAGEMENT
Oregon’s Domestic Groundwater Exemptions: Present and Future Considerations
This paper examines state laws which exempt domestic groundwater uses from permitting requirements, the methods states use to administer exempt and non-exempt uses simultaneously, and the recent actions taken by certain states to limit the effects of exempt groundwater uses. (March, 2011)
|Water Right Processing in Oregon: Applicants obtain water rights through Oregon Water Resources Department in a process dictated by statute and rule. The process is detailed and can be lengthy for many applicants. For a complete and detailed discussion of the process see other articles below.|
|The Contested Case in Oregon: Under the Oregon administrative rules, a matter is adjudicated in a proceeding called a contested case. The contested case is the administrative equivalent to litigation. A contested case is a trial-like process in which the parties come before an adjudicating body to present evidence, give testimony and have their dispute decided. (This article is not currently available).|
|The Protested Case: If an Oregon water right holder wishes to alter his use in any way, he must file a transfer application with the Oregon Water Resources Department. A change in manner or place of use or a change in a point of diversion can be of particular concern to water users and other interested parties. Concerned parties may protest the application to either enjoin or limit any water right transfer. This article offers guidance in preparing a protest to a water transfer and provides a brief discussion of some of the grounds that should be considered when filing a protest.
You may want to first review Considerations in Protesting a Transfer Application.
|Cancellation and Forfeiture: Water rights in Oregon are vulnerable to cancellation and forfeiture for non-use. This article, current as of June, 2004, details the statutory law and administrative regulations regarding defending one’s right to use water against claims of abandonment.|
|Oregon Water Right Transfers: Oregon law provides for both permanent (ORS 540.520) and temporary (ORS 540.523) transfer of a water use.|
|Transactional Due Diligence: Considerations of concern to attorneys and others in water right transactions. Presented at the American Bar Association, Section of Environment, Energy, and Resources 19th Annual Water Law Conference, San Diego, California, February 14-16, 2001|
|Oregon Due Diligence Checklist: A reference checklist for Oregon water right transactions reprinted from the above paper, Transactional Due Diligence|
|Use It or Lose It - Water Rights and Water Issues in Oregon: While the abundance or scarcity of water varies throughout the state, all Oregon water users live by the same set of rules. This article outlines the underlying principles. August, 2004.|
Other Water Related Articles
|Guidance Controls Water Quality or Settlement? After the Flood: The Jurisdictional Reach of Navigable Waters in the Post Rapano West: The 2008 Guidance issued by the EPA and the Corps as those agencies interpreted the Rapanos decision expands Clean Water Act jurisdiction significantly to lands and waters in the arid West. (May, 2009)|
|Klamath Takings Case: In late August of 2005, the Court of Federal Claims denied the takings claim asserted by the Klamath irrigators in Klamath Irrigation District, v. United States, 2005 WL 2100579 (Fed.Cl.). This paper examines the effect of this ruling.|
|Drought 2005: Read this article by Laura Schroeder and Wyatt Rolfe for updates on Oregon and Federal drought procedures. Although the drought of 2005 failed to materialize this information remains timely.|
|Back to Basics: "Those who don't like Oregon's handling of recent water allocations are going back to basics, demanding the state comply with state orders establishing pre-1909 water rights." By Tam Moore, reporting in Capital Press on a presentation by Laura Schroeder.|
|BPA vs. NMFS: Ninth Circuit upholds Bonneville Power Administration's reliance on NMFS' jeopardy opinion (June, 1999)|
|Boeing Protest: Negotiated Water Rights Settlement for Agricultural Project Draws Protests from Environmental Groups (July, 1999)|
|Irrigators vs. BOR: Ninth Circuit Rules in Favor of the Bureau of Reclamation: Irrigators Cannot Sue as Third Party Beneficiaries to Federal Dam Operation Contract and ESA Responsibilities Can Alter Pre-ESA Reclamation Contracts (October, 1999).|
|Is Agriculture Just Another Messy Industry? Klamath crisis shows our lack of compromise, sending industry, and now farming, overseas. Written by Laura Schroeder and published in THE OREGONIAN, Wednesday, May 9, 2001|
Property Rights and Easement Articles
|Law of Easements: A general overview of the law of easements, beginning with some definitions and moving on to explain the ways in which easements may be created and enforced.|
|The Nuts and Bolts of Adverse Possession: Gilinsky v. Sether, 187 Or App 152, 66 P3d 584 (2003), provides a helpful example of a very typical adverse possession claim. The case may serve as a basic reference whenever adverse possession is an issue.|