In the wake of ongoing controversy over the reach of U.S. Agency jurisdiction, a Senate Appropriations Committee is taking steps to decrease funds available for many Agencies for the upcoming year, in an attempt to limit any overreach. On June 16, 2016 the Senate Committee approved budget cuts to the United States Fish and Wildlife […]
Senate Committee Proposes Budget Cuts to EPA and USFWS Read More »
The Clean Water Act is an issue of gathering significance with the Environmental Protection Agency and adoption of a newly defined “waters of the United States” (“WOTUS”), wherein civil and criminal penalties can attach if pollutant is discharged into jurisdictional waters. Thus, whether water is defined as “jurisdictional” becomes an important significance. On May 31,
U.S. Supreme Court Rules CWA Jurisdiction Reviewable in Federal Court Read More »
On May 9, 2016, Governor Jerry Brown of California signed an executive order making certain water conservation measures permanent. The measure is meant to build on temporary emergency water restriction in place since last year. Brown’s office reports that “between June 2015 and March 2016, Californians reduced water use by 23.9 percent compared with the
Executive Order Makes California Water Conservation Permanent Read More »
Upon facing the fourth year of consecutive drought, the Nevada Drought Forum formed in April 2015 by Nevada Governor Brian Sandoval to assist with water resource challenges in the State of Nevada. The Forum was comprised of members representing various governmental and quasi-governmental agencies in charge of managing water resources in the State. In September
Nevada Drought Forum Releases Recommendations Report Read More »
LOVELOCK, Nevada – The Pershing County Water Conservation District (PCWCD) has assumed sole ownership of Rye Patch Dam and Reservoir, and therefore majority control of the Humboldt Project, having acquired property and water rights from the United States Bureau of Reclamation (BOR). The transfer process, which began in 2002, was finalized with the recording of
Pershing County Water Conservation District Assumes Sole Ownership of Humboldt Project Read More »
On December 22, 2015, the United States Environmental Protection Agency (“EPA”) announced funding of more than $19 Million for drinking water and wastewater infrastructure projects in Nevada. The program funds fall under Nevada’s Clean Water State Revolving Fund, and provides money for state projects that promote clean water through wastewater treatment projects and improvements to
Nevada Wastewater Funding Approved by EPA Read More »
On November 3, 2015, the United States Senate voted on legislation meant to repeal the federal regulation re-defining “Waters of the United States” (“WOTUS”). WOTUS sets EPA’s jurisdiction, and thereby how far the EPA can reach to regulate various waterways. The regulation increases federal jurisdiction over water within the United States, which many believe will
Senate Takes Action to Repeal WOTUS (Updated 1/20/16) Read More »
On June 29, 2015 the Environmental Protection Agency (“EPA”) published a new rule under the Clean Water Act, re-defining “Waters of the United States,” and sought to expand federal jurisdiction over certain water sources. The new rule was set to go into effect on August 28, 2015. Due to the implications and potential effect the
Court Grants Injunction to EPA Rule Read More »
On August 27, 2015, the USDA unveiled a new plan to help conserve sage grouse habitat, and which many hope will keep the greater sage grouse from being listed under the Endangered Species Act. Agriculture Secretary Tom Vislack announced a four-year plan that will invest $211 Million in conservation funds to help build and preserve
USDA Unveils $211 Million Sage Grouse Conservation Plan Read More »
During the 2015 Nevada Legislative Session, Assembly Bill 435 passed by the Legislature. On May 27, 2015, AB 435 was signed into law by Governor Sandoval. This bill adds a new Judicial District to Nevada, and reorganizes the counties which make up certain Judicial Districts. The Sixth Judicial District Court, currently encompassing Pershing, Humboldt, and
Assembly Bill 435 and the Humboldt River Decree Court Read More »
The April issue of Nevada Lawyer Magazine focuses on Agriculture Law. Matthew Curti, along with attorney Linda Bullen, authored an article about the importance of submitting comments to Environmental Protection Agency (EPA) rulemaking, as well as National Environmental Policy Act (NEPA) draft Environmental Impact Statements (EIS). The article provides an overview of the commenting process,
EPA Rulemaking and NEPA Draft EIS Comments Read More »
On February 3, 2015, the Nevada State Engineer issued Order 1250 curtailing 50% of all supplemental groundwater pumping for irrigation in both Mason and Smith Valleys. This action by the Nevada State Engineer was the first time curtailment of this magnitude has taken place in Nevada. Order 1250 determined supplemental groundwater use for irrigation to
Judge Grants Temporary Injunction on Mason and Smith Valley Curtailment Read More »
On March 27th, 2015, California Governor Edmund G. Brown signed into law a $1 Billion emergency drought package. The emergency legislation (AB 91 and 92) provides funding for drought relief as well as to critical water projects in the state. Governor Brown states that “[t]his funding is just one piece of [a] much larger effort
New Provisions to Combat Ongoing Drought in California Read More »
The 2015 legislative session is underway, and on the docket are two Bill Draft Requests (“BDRs”) related to water rights and water resource management. While these BDRs are likely to change significantly throughout the legislative session, below is a brief summary of their contents. Senate Bill 65 (SB65) proposes changes to the procedure for adjudicating
The 2015 Nevada Legislative Session “Water” Bills Read More »
