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 »
NINTH CIRCUIT UPHOLDS RULING — NPDES PERMITS ARE NOT REQUIRED FOR TRANSFERS OF WATER IN THE KLAMATH BASIN ONRC Action v. United States Bureau of Reclamation (9th Cir. Or. Aug. 21, 2015) cdn.ca9.uscourts.gov/datastore/opinions/2015/08/21/12-35831.pdf The Ninth Circuit Court of Appeals was recently presented with the issue of whether the Bureau of Reclamation violated the Clean Water
Ninth Circuit – Klamath Straits Drain and Clean Water Act 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 »
The Sacramento Superior Court of California on July 10, 2015, granted a TRO temporarily restraining the California State Water Resources Control Board’s drought curtailment action against certain senior water rights holders. The court held that the Board’s action violates due process rights and would cause irreparable harm. On May 1, 2015 and June 12, 2015 the California State
Restraining Order Halts Drought Curtailment Read More »
By: Laura Schroeder and Derek Bradley Despite being a landlocked country with an arid climate Afghanistan possesses a surprising number of fresh water surface sources thanks to snowpack originating in its mountainous terrain. While the country has several freshwater sources contained within it (namely the Northern water basin) all four of the country’s largest river
Afghanistan’s Transboundary Waters Read More »
By Derek Bradley– In an 8-1 decision the United States Supreme Court on Monday June 22nd overturned the Ninth Circuit in Horne v. Department of Agriculture bringing an end to an unusual government practice that had existed for almost 80 years and providing a victory for property rights advocates. A pair of raisin farmers challenged
The Supreme Court’s Raisin Decision– A Victory for Property Rights 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 »
By Derek Bradley After receiving negative feedback from both the Western Governors’ Association and a large bipartisan group of House Committee on Natural Resources (both letters are linked below), the U.S. Forest Service (USFS) announced last week it was permanently withdrawing its proposed groundwater rule concerning groundwater management on national forest lands. The move comes
U.S. Forest Service Withdraws Proposed Groundwater Rule Read More »
By Derek Bradley– The June 18th Oregon Water Resources Commission meeting included a presentation concerning the current state of groundwater in Harney County. Harney County development expanded in recent years, with a lot of this development driven by agriculture. Much of the water needed for this development, derives from groundwater causing the number of irrigated
Permit Moratorium Announced for Groundwater in Harney County Read More »
The Nevada Drought Forum announces its first meeting schedule. The Nevada Drought Forum was established by Governor Sandoval to assess and monitor the drought in Nevada, identify conservation practices and policy needs, and make recommendations to the Governor. The Forum seeks to evaluate drought findings and provide input on future steps in the form of
Nevada Drought Forum Announces Meeting Schedule Read More »
By Derek Bradley Most municipalities have water use permits reserved for their current needs and projected future growth, typically in the form of one or more municipal water rights of use or permits. These water use permits have timelines for the cities to fully develop the beneficial use entitlement. Based on current population and use,
Fish Persistence and Municipal Water: Oregon SB 712 Read More »
The Environmental Protection Agency (“EPA”) and the US Army Corps of Engineers (“USACE”) have recently released a new waters of the United States rule under the Clean Water Act (“CWA”) that has been in the works for over a year concerning the definition of what are the ‘Waters of the United States.’ The importance of
EPA & USACE Waters of the United States Rule; by Derek Bradley Read More »
The Washington Department of Ecology has started work on updating the state’s Concentrated Animal Feeding Operation (CAFO) general permit, and is calling for public input in the formative stages of this process. Ecology is the state’s control agency, as authorized by the Environmental Protection Agency (EPA), for activities falling under the jurisdiction of the Clean
Washington initiating process to update CAFO permit 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 »
With the 2015 Oregon Legislative Session in full swing, below is a list of water-related bills that may be of interest: HB 2207 Authorizes Environmental Quality Commission to adopt by rule procedures for implementing alternative ballast water management strategies for vessels with empty ballast tanks HB 2451 Extends maximum loan term for loans made from
Oregon’s 2015 Water-Related Bills Read More »
On February 5, 2015, the Oregon Supreme Court dismissed the petition for review of the Court of Appeal’s decision interpreting ORS 537.230(2), simply stating, “The petition for review is dismissed as improvidently allowed.” On December 11, 2013, the Oregon Court of Appeals issued a ruling interpreting ORS 537.230(2), prescribing conditions for the Oregon Water Resources
March 8th through March 14, 2015 is National Groundwater Awareness Week. Protecting groundwater is essential to human life, and spreading awareness of this resource has gained national attention. Underground water is a primary resource for providing drinking water as well as providing the necessary life force for crop and food production. To learn more, consider
2015 National Groundwater Awareness Week is Coming Up! 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 »
