Rulemaking

USDA SEEKS PUBLIC INPUT ON AGRICULTURE INNOVATION AGENDA

What is the Agriculture Innovation Agenda? The USDA seeks to stimulate agriculture innovations that by 2050 will (1) increase agricultural production by 40%, and (2) reduce the environmental footprint of U.S. agriculture by half. Other benchmarks include: Reduce food loss and waste by 50% by 2030 Build landscape resiliency by investing in active forest management […]

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Nevada Division of Water Resources’ Draft Regulation Amendments

By Therese Ure and Lisa Mae Gage Nevada Division of Water Resources (“NDWR”) submitted draft administrative regulation amendments to the Legislative Council Bureau for this regulation cycle (the proposed amendments can be found at http://water.nv.gov/documents/NDWR_Prop_Admin_Regs-Hearings_EOT_Water_Right_Surveyor_6-8-2020.pdf ). A public workshop concerning the administrative regulation amendments was hosted by NDWR on June 24, 2020 wherein NDWR received

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NDWR Proposes Substantial Changes to Water Right Procedures

           The Nevada Division of Water Resources (NDWR) proposes substantial changes to Nevada’s water right procedures.  The agency first announced the proposed changes when it released a Small Business Impacts Survey on June 1, 2020. The survey invited participants to state if they believed the proposed regulation amendments would impact small

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Grazing

Call Your Congressman—House Bill Proposes Permanent Retirement of Federal Grazing Allotments

It’s time to call your Congressman—House Bill H.R. 5737, introduced on January 30, 2020 proposes the implementation of procedures to permanently retire federal grazing allotments. H.R. 5737 or the “Voluntary Grazing Permit Retirement Act” (the Act) proposes the ability of grazing permittees to sell or “waive” their right to graze under their Bureau of Land

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State Engineer’s 2019 Legislative Session Recap

On July 24, 2019, Tim Wilson, Nevada Division of Water Resources’ acting State Engineer gave an informative presentation on the 2019 Legislative Session. Mr. Wilson provided summaries of several water related bills that were introduced and/or passed during this session. A few of the more interesting bills are described below. Assembly Bill 62 (AB 62)

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Upper Klamath Basin Well Regulation through Proposed Rulemaking

Temporary Hold on Upper Klamath Basin Well Regulation through Proposed Rulemaking

            The Oregon Water Resources Department (“OWRD”) will present proposed temporary rules to the Water Resource Commission that would place a temporary hold on Upper Klamath Basin well regulation for two years, during which time OWRD would only regulate off wells within 500 feet of surface water sources in response to validated calls for water.

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Recent Oregon Administrative Rule Revisions Tailored to Small Municipal Water Suppliers

At the end of 2018, the Oregon Water Resources Commission adopted new rules to facilitate small municipal water suppliers’ completion of Water Management and Conservation Plans (“WMCP”). The Oregon Water Resources Department (“OWRD”) stated the new Oregon Administrative Rules (“OAR”), OAR 690-086-0300 to 0370, are intended to provide more flexibility for small municipal water suppliers

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EPA and Army Corps Issue Additional WOTUS Comment Period

  The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (“agencies”)  issued a supplemental notice of proposed rulemaking to seek additional comments on the repeal of the 2015 “waters of the United States” rule under the Clean Water Act (“2015 WOTUS Rule”). In July 2017, the agencies first issued a notice of

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Oregon Groundwater Presentations

Attorney Sarah Liljefelt presented at Halfmoon’s Water Laws and Regulations seminar on June 7th on the topic of Oregon Groundwater, teaching a group of engineers about groundwater ownership, regulation, and acquisition of groundwater use rights in Oregon. This week, on June 28th, Sarah will present at the Oregon State Bar Environmental & Natural Resources Section’s

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WOTUS Rule Litigation Update

In 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued a joint administrative rule, the “WOTUS Rule,” attempting to define the statutory term “waters of the United States” within the Clean Water Act (“CWA”) in order to more clearly define the agencies’ jurisdiction. Schroeder Law Offices summarized the background and

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NV Supreme Court Issues Opinion Protecting Senior Users

By: Lisa Mae Gage and Therese Ure On September 27, 2017, the Supreme Court of the State of Nevada issued an opinion concluding the longstanding battle between the Nevada State Engineer, Nevada Division of Water Resources and Kobeh Valley Ranch LLC (“KVR”), and Eureka County, Kenneth F. Benson, Diamond Cattle Company, LLC., and Michel and

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Conjunctive Management of the Humboldt River Basin and Effects on Small Businesses

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,

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Conjunctive Water Management Planning Underway in the Humboldt River Basin

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

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President Trump Directs Executive Departments and Agencies to Review WOTUS with an Eye to Rescind or Revise it

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”

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