On January 25-27, 2024, Schroeder Law Offices Attorney Caitlin Skulan attended the Mid-Pacific Water Users Conference in Reno, NV.  The Conference Board opened the event by boasting the largest attendance to date at the 56^th annual conference. Over 300 registrants attended the conference, more than 80 of which were from the United States Bureau of Reclamation (“Bureau”).

            Bureau Commissioner Camille Calimlim Touton welcomed conference attendees. Touton is the first woman, Filippino Federal Commissioner in the United States.  Touton’s opening presentation centered around the Bureau’s big announcement for the California Great Basin Region.  The long-standing Regional Director, Earnest Conant is retiring! Conant will be succeeded as Regional Director for the California Great Basin Region by Karl Stock.  Conant will continue to serve as Senior Advisor to Touton for a short period before retiring fully from the Bureau.

Regional Updates

            In addition to the Bureau’s announcement of Conant’s Retirement, the conference program included updates on the Newlands Project and the status of various water reservoirs and river supply outlooks in the Region. Among the updates was that for Truckee and Carson Rivers.  The Bureau’s regional staff reported precipitation this year was at 50-70% of average, compared to the 200-300% the region experienced in 2023.  However, Regional staff were not overly concerned with water supply for the irrigation season as last year brought 650,000 Acre-feet of inflow in Lahantan Reservoir. As of late January, the reservoir was at about 70% capacity. The Bureau also reported Tahoe storage at 70% and Stampede Reservoir at 88% full.  The Bureau expects the reservoirs to continue to fill as the winter/spring runoff adds to inflows.  

            All-in-all, we at Schroeder Law Offices are happy to pass on the positive report for the water supply outlook for the 2024 irrigation season.  We additionally wish Mr. Conant the best in his retirement and look forward to working with Mr. Stock regarding any future Bureau-related projects.

How is it that after another heavy snowfall in the Sierra, the Nevada Irrigation District (“NID”) declared a water shortage emergency within its’ service boundaries? In March of 2024, NID’s General Manager’s Newsletter requested customers cut their water use by 20% for the remainer of the year. Although the reduction is voluntary, water users in Placer and Nevada County face a limited water supply.

This declared “water reduction” emergency results from unanticipated infrastructure repairs in the Sierra Nevada headwaters. Although a sufficient water supply exists in the headwaters, a landslide produced severe damage to the Pacific Gas & Electric Company’s (“PG&E”) portion of the South Yuba Canal. Conveyance to foothill reservoirs is near impossible until repairs are made to the canal.

The South Yuba Canal acts as the primary source of water to NID’s Deer Creek System and Scotts Flat Reservoir. Given the damage, the District has limited access to normal watershed runoff and cannot recharge the South Yuba or Drum Canals. Further, a PG&E powerhouse “sustained a failure that curtailed flows into the Drum Canal that provides water to Rollins Reservoir and the Bear River”. According to the March newsletter, the PG&E should complete repairs by June 8th.

What About Irrigators in the NID?

With the irrigation season scheduled to start on April 15th, the timing poses huge inconveniences to agricultural customers. Irrigators in the District must rely on existing stored water in the Scotts Flat and Rollins reservoirs. The NID Board of Directors expressed concerns about relying upon limited water storage if the outage extends into the summer. NID estimated that any delays in repairing the South Yuba Canal will result in mandatory water restrictions.

NID provides irrigation and drinking water to more than 25,000 customers. This District is also a leading water agency in the production of clean hydropower. Many individuals and companies will be greatly affected by this situation. Lake levels over the summer could also be affected.

If you are affected by water shortage consider this article on how to locate a water rights attorney.

Oregon Women for Agriculture hosts its Annual Auction and Dinner on April 20^th, 2024, at the Linn County Fairgrounds in Albany, Oregon. The theme for this year is “Bee for Agriculture.” Senior paralegal Tara Lomacz, a member of the Yamhill County chapter of OWA, helps organize the event and will attend once again on behalf of Schroeder Law.

Willamette Valley farm women organized OWA 50 years ago. These women were concerned with regulatory issues impacting the grass seed industry. Since then, this all-volunteer group has broadened its scope to include nearly all facets of agriculture and areas of the state of Oregon. OWA provides volunteers and fundraising for Oregon AgFest in Salem every year, reaching 20,000 people. Volunteers put together bus ads and radio spots in metropolitan areas to help citizens understand where their food is grown. Further, OWA provides support for teachers who participate in Summer Agriculture Institute at Oregon State University. It is through these projects and more that OWA can accomplish their mission of working together to communicate the story of today’s agriculture.

The OWA Annual Auction is the only fundraiser of the year. The event includes a silent auction, dinner, and oral auction beginning at 7:15pm. If you want more information on this event, then visit the event website here. Tara hopes to see you there!

You just purchased property with a pond, or a reservoir. Within the documents provided by the prior owner, you did not find a “typical” stored water right certificate or permit to store water. But you did find a water right of use that allowed storage water to be used for irrigation. Now, you fear the prior owner did not apply for a permit to store water with the Oregon Water Resources Department (“OWRD”). You do not like the current location of the pond or reservoir. You worry you cannot change anything about the pond or reservoir due to the missing water right of use or water right certificate.

This may not be the case, but to be sure, you must research stored water rights in Oregon.

Applications and Use

OWRD may allocate water for “beneficial use.” To receive an allocation, a person must apply to the OWRD. A person can apply for a right of use to store water but needs a secondary right to “use” the stored water. In other words, OWRD requires two permits, one to store and one to use. For example, water use permits only apply to uses for irrigation, nursey, or recreation, not storage.

In the early 1990s, the State allowed owners of reservoirs built prior to 1995 to apply for a reservoir to be “exempt” from OWRD’s “typical” water right application process for storage. If the owner followed the proper steps, the reservoir would be exempt but would not necessarily receive a standard “certificate” from OWRD. In other words, the owner wouldn’t be subject to penalties for storing water in the reservoir even though OWRD didn’t issue a water right certificate. If a person did not qualify for or complete these steps, they would need to apply for a “typical” stored water use permit.

Transfer Applications for Stored Water

In your research, you find out that you have an exempt reservoir. You are relieved to find out that you can legally store water on your property. However, you are still unhappy with the location of the reservoir.

Due to a recent Oregon Court of Appeals ruling, you will be able to change the location of your reservoir with a transfer application submitted and approved by OWRD. Since 2018, OWRD argued it did not have the authority to transfer, or relocate, any storage water right of use under state law. In Bridge Creek Ranch, LLC v. Oregon Water Resources Department, the Oregon Court of Appeals did not agree with OWRD’s interpretation. The Court determined that a primary right to store water and a secondary right to use the stored water are “inextricably linked”. Therefore, OWRD must accept transfer (change) applications for stored water uses that were issued certificates.

This clarification could allow you to hopefully transfer the location of your reservoir to a more convenient part of your property and allow you to begin perfecting your water rights.

Conjunctive management recognizes there may be a hydrological connection between groundwater and surface water within an area. This means, drawing down groundwater may affect the availability of surface water, and vice versa. In prior appropriation states like Nevada, where senior water rights have priority, surface water rights will generally trump groundwater right. In January 2024, the Nevada Supreme Court weighed in on Nevada’s conjunctive management law.

Points of Contention

With limited water availability in the arid west, it is increasingly necessary to manage both groundwater and surface water as a single management unit to protect senior water rights. However, there is an understandable reluctance on the part of some junior water rights holders to curtail water use that has gone unchecked for decades.

One point of contention is whether the best available science supports the curtailment of a junior water right– does the best available science support a finding  a specific groundwater use is depleting the source of a senior surface water right? How much can a junior water rights holder still use and not affect the senior water rights? The Nevada State Engineer will determine what constitutes “best available science.”  Is it a full-blown scientific model, or will something less suffice?

A second point of contention has been whether the State Engineer has the authority to manage the waters of the State conjunctively. We finally have the answer: In January 2024, the Nevada Supreme Court issued its decision in Sullivan v. Lincoln County Water District recognizing the power of the State Engineer to conjunctively manage surface waters and groundwater. Case Nos. 84739, 84741, 84742, 84809, 85137, 2024 Nev. LEXIS 4 (Jan. 25, 2024).

The Court’s Decision

In reaching their decision, the Court primarily relied on provisions of the Nevada Revised Statutes (NRS) (state.nv.us) prohibiting the impairment of vested/existing water rights, “regardless of the water source.” The Court noted that “[a]ll statutorily granted water rights in Nevada are given subject to existing rights” and “[b]ecause vested water rights by definition exist prior to the grant of statutorily granted water rights… no statutorily granted water right may impair vested water rights.” Id. (citations omitted). In sum, the Court found that no matter the source, ground or surface water, the State Engineer must not allow any impairment of vested water rights. Hence, the State Engineer must have the power to conjunctively manage both sources of water in Nevada.

The Court’s decision also recognizes the legislative policy declared at NRS 533.024 “which require the State Engineer to ‘consider the best available science in rendering decisions concerning the available surface and underground sources of water’ and ‘[t]o manage conjunctively the appropriation, use and administration of all waters.” As such, the Court notes these policy declarations support the finding that the State Engineer has power to conjunctively manage the waters of the State of Nevada, decisively settling years of litigation over the matter.

What’s Next?

For years the State Engineer attempted to conjunctively manage but was hamstrung by scientific uncertainty regarding the hydrological connection between groundwater and surface water sources, leading to exhaustive litigation concerning the State Engineer’s management orders. The new Model on the Humbold River, reportedly nearing completion, will be integrated into the State Engineer’s future orders that will likely be further tested in the courts. Likewise, submission of Scientific Reports in the Lower White River Flow system were presented to the Nevada Court that will now determine if these reports are sufficient substantial evidence to support the State Engineer’s regulation orders.  It will be interesting to follow the litigation to see what level of “best available science” will withstand the scrutiny of the courts.

You might be interested in this article about Nevada Water Law.

Although the State of Nevada is well known for its’ economic sector in gaming, agricultural production is critical to many Nevada residents. Like most farmers in the arid West, Nevada farmers rely heavily on irrigation for crop production.

In the western part of Nevada, seasonal irrigation is primarily based on water that comes from snow-melt in the Sierra Nevada. Alfalfa is the primary irrigated crop, given the market demand for feeding livestock. Alfalfa, a perennial, has been a staple of crop production in Nevada for many years because when irrigated, alfalfa can provide up to four crops a year. Nevertheless, long-standing drought conditions, where water delivery allocations provide only enough water to irrigate one crop has encouraged individuals to diversify to other crops. An article presented by the University of Nevada, Reno presents potential additional benefits such as conserving soil moisture and sustainable production Crop Diversification | Extension (unr.edu).

Becoming more familiar with your “paper” water rights, and the history of water delivery allocations under them, may allow a farmer to better evaluate the potential benefits of diversifying from alfalfa, that provides a four crop return, to other crops that may only allow a one or two crop return but be compatible with the water delivery scheme that limits irrigation deliveries during drought.

Background

Chevron deference (“Chevron”) has been a cornerstone principle of administrative law for nearly forty years. Essentially, Chevron requires courts to defer or rule in the agency’s favor when a statute is the basis for a Court’s decision on an issue before it. Under Chevron, the Court’s decision is limited to determining whether the agency’s action was permissible based on the agency’s interpretation of the statute.

The Chevron Two Step

There are two steps to the Chevron doctrine. The first step requires the Court to recognize whether the law requires or forbids the agency interpretation of a legislative directive. If the Court finds that the agency is making an interpretation within the vague boundaries of the law, then the Court cannot implement its own interpretation through statutory analysis. The second step of Chevron requires a finding that the agency interpretation is reasonable. However, if step one is satisfied then it is very likely the agency will succeed on step two.

Chevron & Herring Fishing Regulations

Chevron will be under review by the Supreme Court as a result of herring fishery regulations. However, the Court made clear that any published opinion will solely be interpreting the extent to which Chevron is a Constitutional doctrine. It did not accept review as to whether federal agencies correctly interpreted the law. The issue at hand arose from federal agencies requiring fishers to absorb the cost of their own third-party monitors when there are no available federally funded observers. Such third-party monitors can cost up to 700 dollars a day. These expenses result from some herring vessels spending multiple weeks at sea and the costs of private observers becomes prohibitively expensive.

Should Chevron Stand?

However, for the vast majority of interested parties, the plight of the fishermen is of little interest. The crux of the issue is whether Chevron should stand. If is overruled, then the current status of administrative law will be turned on its head. For those defending the Chevron doctrine, they believe that the judge should not be interpreting a vague legislative directive. Rather, if there are multiple reasonable interpretations, it should be Constitutional for the agency in charge of carrying out the statute’s directive to decide. Those dismissive of Chevron and its nearly 40-year legacy find the doctrine to be unconstitutional and a perversion of federal power. Allowing administrative agencies to act as the legislative branch removes the responsibility of elected representatives and entangles the branches of government.

Chevron has arguably harmed agencies and has been a negative to the American public. Agencies are quietly transformed during each Presidential administration. Agency appointees by the new administration will institute new rule making, often in direct conflict with past statutory interpretations. This apparent discrpancy is due to the vastly permissive nature of Chevron deference. Thus, Americans become ensnared within an oscillating political vacuum regarding laws that impact everyday life.

Conclusion

Agencies, courts, and the legislature have been reliant on this doctrine for decades. A full or partial overruling by the Supreme Court would result in a seismic shift in operations of administrative law. As the decision will inevitably cause change within water law, Schroeder Law will thoughtfully guide clients through these turbulent times. Follow along with the Chevron doctrine by watching for updates on our blog: Blog – Schroeder Law Offices, PC (water-law.com).

We are pleased to share an article from the wellcare Well Owners Network published by an organization that provides free resource to domestic well owners, the Water Systems Council:  www.watersystemscouncil.org.

It’s that time of year again, January is National Radon Action Month!

There is good news though! Radon exposure is completely preventable! Click here to learn more about radon. Find a certified lab in your area for both air and water radon testing.

Pershing County Water Conservation District (PCWCD) is accepting applications for the position of Secretary/Manager.

A successful applicant will be responsible for managing the day-to-day operations of a 40,000-acre irrigation district located in Lovelock Nevada.  This irrigation district is a surface water district receiving water from the Humboldt River water system via its privately owned and operated reservoir.  This position is an at-will position to a 7 member Board. Salary commensurate with experience.

If interested, send a cover letter, resume, and three references to Peggy Holland at PCWCD by email to pholland@irrigation.lovelock.nv.us or contact 775-273-2293 for questions and a complete job description. 

Our Team, from left to right: Laura, Maricruz, Therese, Tara, Scott, Caitlin, Rachel, Max, Jess, Kelsey, Jeff, Jim, Melissa and Rita

As 2023 comes to a close, we at Schroeder Law Offices want to extend our thanks to all of our clients, friends, consultants and colleagues.  It has been an interesting year in the water rights attorney world. 

In Nevada we have made great headways in collaborating with Nevada Division of Water Resources and stakeholders on the Humboldt River Basin issues and conjunctive management.  Many submitted presentations and ideas ranging from strict prior appropriation all the way to socio-economic management. It is clear that ideas on management range the complete spectrum and it will be interesting how our prior appropriation state will ultimately decide on this issue.

This year I spent a lot of time working with United States Committee for Irrigation and Drainage (USCID) in bringing the organization back online after a changing of our Executive Director during the COVID years.  We are glad that is behind us and the organization is back on track and moving forward. At our conference in Fort Collins Colorado I was able to learn about how Colorado tackles and deals with conjunctive management issues.  Interestingly, everyone on the river system knows exactly where they are “on the priority line”.  Perhaps someday this will be the same mode of operation in Nevada?!  If you are interested in USCID, learn more here.

I am excited to participate in USCID and their parent, ICID in working to bring the innovations in irrigation and drainage to other countries and assist in solving world wide water scarcity and shortage problems.  I hope to have some international travels in my future as part of this work!

Other work I have done this year, included continuing my Secretarial duties for the Nevada Heritage Foundation, where we promote education in agriculture by providing support and scholarships to Nevada’s youth.  As you can tell, promoting agriculture is a passion of mine as it runs in my blood.

Finally, this year is my last year serving on the Board of the Nevada State Bar Environmental & Natural Resource Section.  It has been a great tenure and it’s been a great avenue to develop relationships in the legal world with other attorneys practicing in the same areas as Schroeder Law Offices.  I firmly believe that building relationship and communication is a key to success in any business.

Well, on that note, we wish you all a wonderful Christmas and Holiday Season and we look forward to a happy, healthy, and prosperous 2024!

~Therese

Visit our Home Page. View our Blog. Send us your questions. Email us at counsel@water-law.com.

Democrats in the U.S. House of Representatives have taken action to clarify the Clean Water Act following the Sackett decision, introducing new legislation into Congress in October of 2023. The purpose of the “Clean Water Act of 2023” is to counteract the narrow interpretation of the term “navigable waters” set forth in the Supreme Court’s Sackett II. Text of the proposed bill criticizes the Court’s decision for eliminating protection for wetlands that “perform vital functions such as sorting water to help reduce flooding, improving water quality by filtering pollutants, providing critical and important habitats for aquatic and other species, and recharging groundwater that provides drinking water and contributes to downstream flow.”  

 Importantly, the Act intends to widen the definition of “waters of the United States.” Restrictions, however, do remain as to not extend federal purview to all collections of water. The greatest emphasis is on the definition of “wetlands”, the source of contention in Sackett II. If the Act were to pass, wetlands would now be defined as “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstance do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” This definition, of course, would circumvent the narrowing of the “water of the United States” that resulted from the Sackett II decision.

While there is little evidence to believe the proposed Act will become law, it is important to be aware of new legal developments that can and will affect water rights throughout the country. Currently, the proposed bill is in the early stages of the legislative process. At this time, the House and Senate have not yet considered the Clean Water Act of 2023.

Additional Resources

For the entire text of the proposed amendment to the Clean Water Act: CWA 2023 Bill Text (house.gov)

For more information on the Sackett Decision that sparked this Act: WOTUS: a Confusing Legacy – Schroeder Law Offices, PC (water-law.com)

In a real estate transaction, the document transferring the real estate interest, describes that property in the deed or easement.  Many times, we find that metes and bounds descriptions use “chains” rather than the section lines familiar under the public land survey system (PLSS). While we heavily rely on the geographic information system (GIS), GIS locations are not always accurate. The GIS is a computer system for capturing, storing, checking and displaying data related to positions on the earth’s surface. In a boundary dispute, we require the services of surveyors to locate property lines, especially if the descriptions involve very difficult to interpret descriptions in chains.

What is a surveyor’s chain?  It is a measuring device used for land survey.  One chain is 66 feet in length and contains 100 links. One link, then, is 1/100 of a chain. This odd length assisted in calculating the area of a tract of land.  It was designed and introduced in 1620 by English clergyman and mathematician Edmund Gunter (1581–1626). This introduction was long before the development of the theodolite and other more sophisticated surveying equipment. The surveyor’s chain enabled plots of land to be accurately surveyed and plotted for legal and commercial purposes.

There are also other types of chain measurements, not to be confused with the surveyor’s chain, that differ in length!  To dive deeper into this fascinating subject of “chains” see, 5 Types Of Chain In Surveying And Principle Of Chain Surveying | CivilString

If you need assistance in diving into the details of a deed or title report with its many exceptions, Schroeder Law Offices, PC is available to assist.  Please contact us at counsel@water-law.com with any inquiries you may have.

California adjudication rules have changed! On October 10, 2023, California Governor Gavin Newsom signed AB 779 into law. This California law requires courts to consider sustainability and equality factors during groundwater basin adjudications. The intent behind this adjudication rule is to keep everyone informed and provide equal access to resources.

Adjudications of water basins are court cases that decide water use claims in a particular basin. Water users must file their claims by a certain date. Once the adjudication process concludes, the court orders a claim into a decreed water right. Oregon, Idaho, Washington, and Nevada also currently have active adjudications, but sustainability and equality that are not incorporated into a claim are not usually addressed is these other states.

This California adjudication rule requires the groundwater sustainability agency (“GSA”) to submit the required sustainability plan(s) for groundwater basins designated as high or medium priority to the court. This law also requires the GSA to notify the public when an adjudication begins. The public notice requirement stipulates that the GSA must host a public meeting to explain the adjudication process. The GSA must publicly post court documents for the public to follow the adjudication process. Further, the court must consider “the water use of and accessibility of water for small farmers and disadvantaged communities” before entering a judgment.

The Effects of AB 779

Adjudications are long, expensive processes. These considerations will help all parties participate in the process, no matter the size or financial resources. By the end, hopefully everyone receives access to the resources they need.

Other states conducting adjudications have notices requirements, but do not currently have public hearing requirements to explain the process at the outset.

Oregon and Nevada have notice requirements referred to as notice “by publication.” This is when the Director or the State Engineer publishes notice in a newspaper circulated in the area where the adjudication takes place. In comparison, in Idaho adjudications, Idaho Law requires the Idaho Department of Water Resources Director to serve notice by mail to affected parties. Finally, Washington law requires notice to property owners by publication or personal service.

States conducting adjudications often look to streamline the process. It will be interesting to see if neighboring legislatures to California push for similar requirements as this California adjudication rule. Although it may add time at the beginning and during the adjudication, it may save time later on in late filed claims, or applications for water rights.

If you are a water user in Oregon, Idaho, Washington, or Nevada, and there is an ongoing adjudication near you please contact us for information. You may also review the water department’s website in your state. 

The Clean Water Act’s extension of what waters it attempts to regulate is leaves WOTUS a confusing legacy. Does it apply to wetlands? If so, what if wetlands stand alone and don’t adjoin navigable waterways? The courts have been adjudicating questions like these for year. But earlier this year the US Supreme Court gave a definitive answer – for now.

What Happened?

There is no denying the positive changes that the Clean Water Act has rendered as once flammable waters again being fishable, boatable, and even swimmable. Even so, the definition of “waters of the United States,” that defines the reach of the federal government’s regulation of water, is controversial. On May 25, 2023, the U.S. Supreme Court decided in Sackett v. Environmental Protection Agency (“EPA”)how “waters” are to be defined for purposes of the CWA.

Background

To understand Sackett, we must begin with looking at Rapanos v. United States, 547 U.S. 715 (2006). Rapanos, found there are two tests to define “waters of the United States.”

• The “Plurality Test,” a two-prong test, that defines water of the United States as “(1) a relatively permanent body of water (2) connected to traditional interstate navigable waters.”
• The broader “significant nexus test.” Under this test “the wetlands, either alone or in combination with similarly situated lands, significantly affect the chemical, physical and biological integrity of the waters understood as “navigable,” are considered among the “waters of the US.”

The Sackett Decision

These two conflicting tests did not resolve the issue.

But now the May 2023, Supreme Court decision determined that the “Waters of the United States” extend “only to geographical features that are described in ordinary parlance as ‘stream, oceans, rivers, and lakes’ and to adjacent wetlands that are ‘indistinguishable’ from bodies of water due to a ‘continuous surface connection’.” Sackett v. EPA, 143 S. Ct. 1322, 1336 (2023). This decision adopted the plurality test from Rapanos reasoning that the significant-nexus text could grant endless jurisdiction and importantly interfere with State jurisdiction. 

WOTUS as a Confusing Legacy

The Supreme Court’s decision admitted there is obvious need for exceptions to it’s bright line rule such as when there are interruptions in surface connection because of low tide or dry spells to disrupt “continuous surface connection.”  Thus, it is evident that wetlands have not seen their last day in court.

As an ever evolving body, water law can be a confusing field. Here at Schroeder Law Offices, we help our clients by finding answers and making the complex appear simple. If you have any questions about how this affects your water rights, please contact us at (503) 281-4100 or m.jones@water-law.com.

Schroeder Law Offices, P.C. is growing again! We are welcoming three new hires and want to introduce them to you.

Max Jones

Max Jones has joined the firm as a new associate attorney in Portland, Oregon. Before joining the firm, Max attended Santa Clara University, earning his Juris Doctorate in 2023. Then, he was admitted to the Oregon State Bar in October of 2023. His emphasis on various aspects of water law includes securing water rights; public lands (easements/right-of-way, permitting uses, grazing); groundwater interference and connection; and agriculture, municipal, and irrigation district water use permitting, extension, perfection, transfers, compliance, and protection. Max is looking forward to helping clients with all water-law matters.

Learn more about Max Jones

Jeff Nadeau

In June of 2023, Jeff Nadeau joined the firm as a new associate attorney in our office located in Reno, Nevada. Jeff studied environmental and natural resource sciences during his graduate studies, where he first became interested in water law. Then, Jeff attended Lewis and Clark, Northwestern School of Law to earn his Juris Doctorate. He was admitted to the Nevada State Bar in 2011. Jeff has always been interested in expanding his knowledge and is ready to apply his extensive skill set to any water-law questions you may have.

Learn more about Jeff Nadeau

Rita Powers

Rita Powers joined the firm in August of 2023. She is working as a legal assistant at our office in Reno, Nevada. Earlier this year, in May of 2023, Rita graduated with her bachelor’s degree from the University of Nevada, Reno. Rita’s interest in water law stems from spending her youth on her family’s ranch in California. She is looking forward to further developing her knowledge of water-law and how it affects her local community.

Learn more about Rita Powers

Looking for something fun and educational to do this weekend? Why not check out the Oregon State Fair! This year’s fair runs through Monday, September 4th. The event boasts tasty snacks, a stacked lineup of musical guests, and events celebrating Oregon’s farm and agriculture community. This coming weekend marks the second and final weekend of the fair and is being held as usual on the Salem, Oregon Fairgrounds.

While you’re there, be sure to stop by the Oregon Women for Agriculture booth. Founded in 1969, Oregon Women for Agriculture educates the community on the importance of sustainable agriculture to the environment and economy.

Find event details on the Oregon State Fair website by clicking here: https://oregonstatefair.org/.

Katherine Schroeder is crossing the United States for the second time on her bicycle. This week at the headwaters of the Mississippi, she encountered the sculpture titled “Heartwaters – Caretaker Woman.” The bronze sculpture was created by artist and member of the Fond du Lac Band Jeff Savage in 2005.

The sculpture depicts a woman with long, flowing hair releasing a group of turtles from a basket. The caption accompanying the piece describes that the woman is “renewing the seasons and continuing the waters of life.” The piece holds a deep meaning and reverence for water which can be found in the Anishinaabe (Ojibwe) belief that women are the caretakers of water. The turtles depicted in the sculpture are also symbols of water, as well as the many directions life can go (as turtles live in water, walk on land, and breathe air).

Ultimately, this beautiful work of art symbolizes the fundamental importance of water as a source of life and as a resource that must be preserved for future generations. The piece can be found at the Mary Gibbs Mississippi Headwaters Center in Itasca State Park. We thank Katherine Schroeder for sharing these photos as she makes her way across the country!  

            Schroeder Law Offices is pleased to announce that Kelsey Seibel has joined the firm as a new associate attorney in Portland, Oregon. Kelsey received her Juris Doctorate from the University of Denver Sturm College of Law in May 2021. She was admitted to the Oregon State Bar on February 24, 2022.

            Kelsey Seibel gained experience in water law through working on the University of Denver Water Law Review during law school, of which she served on the editorial board for two years as an Articles Editor. Kelsey also received a Bachelor of Arts in Economics and Environmental Studies from the University of Wisconsin – Madison. While studying for her Bachelor’s, Kelsey’s area of focus included environmental policy and history surrounding global environmental issues.

            Kelsey’s previous professional experience includes clerking for Judge Christine C. Antoun in the Colorado Judicial Branch Second Judicial District in Denver, Colorado. During her time, she was awarded “2022 Outstanding Courtroom Employee.”

            Kelsey grew up in Milwaukee, Wisconsin along Lake Michigan. When asked about her interest in water law, Kelsey says, “I always knew I wanted to work with natural resources and in the environmental law area. When I decided to go to the University of Denver for law school, I chose to write on the Water Law Review to learn more about water law and water rights in the west. I enjoy the area of water law because it combines my interests in efficient use of natural resources with sustainable growth and allocation of resources.”

            For fun, Kelsey enjoys outdoor activities like camping, running, and biking, as well as baking, cooking, and watching Wisconsin football.

            Kelsey could not be more excited to join Schroeder Law Offices and is determined to work as a passionate advocate to assist in all client needs.

What brought you to Schroeder Law Offices?

I had been interested in the legal field for some years before I started with Schroeder Law Offices. I was working in a different industry and was finally ready to make a change when I found SLO. Ultimately, it was the close-knit office culture, opportunities for education, and fascinating specialty that convinced me that this was where I was meant to be.

What is your go-to productivity trick?

I am a strict to-do list person. No matter how small the task is, it’s added to my list. If I really need to buckle down and focus on a large task I have found that listening to brown noise is extremely effective at calming and providing focus.

What is something you find fascinating about water law?

The first aspect that drew me in was the history. I love to research water rights, and it is also so interesting to learn about rights stemming from the early 20^th century and even earlier.

What do you like to do for fun on the weekends?

My favorite down time activity is spending time with my husband and my dog, either at home or exploring the trails in the Pacific Northwest. Otherwise, I like to binge watch a good television show and catch up on reading.

What is your favorite book or movie?

Pride and Prejudice by Jane Austen.

What’s it like to work at Schroeder Law Offices?

Every day is a new adventure.

This weekend my brother Paul explained how he had successfully used Facebook Marketplace to sell extra furniture.  Wow, I thought, this is a great resource. But then a potential client called today.  The potential client posted For Sale by Owner on Facebook Marketplace without legal advice.  The problem was NOT with the platform, but with selling real property without professional help. 

Lawyers, title companies, real estate agents are expensive.  Many of the documents used in a real estate transaction can be bought for next to nothing online.  Tempting, but should you proceed without professional help?

Water rights, easements for access, well share agreements – they all need an experienced legal hand.  Even attorneys whose business is limited to real estate transactions often do not have the experience to advise on water use as it relates to real property. 

It’s a lot cheaper to hire legal help to do it right before your “For Sale by Owner” than after.  If you have a mistake the legal team will charge at their much higher litigation rates than at their more reasonable transactional rates.  If you are still unsure about needing professional help check out one of our webinars: Water-Related Disclosure Requirements – Schroeder Law Offices, PC (water-law.com)

Another thing: realize that your lawyer, title company and realtor are all having the same labor shortage as every business. Contacting your legal team before you put up your ad on Facebook Marketplace, Zillow, or another “For Sale by Owner” platform is a good plan.  Save yourself from improperly disclosing important information about your property, water rights and easements before you list!