Legislation

Developments in legislation relating to water law issues

Nevada Supreme Court Weighs in on Conjunctive Management

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, […]

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Idaho Legislation Seeks to Classify Pivot Corners

2021 Idaho legislation seeks to classify irrigation pivot corners for taxation.  House Bill 252 proposes additional language to Idaho Code, Title 63. This language would ensure county assessors classify pivot corners as agricultural land.  Pivot corners are the parts of a square parcel that a center-pivot irrigation system misses.  Idaho law consideres land “farmland” and

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Idaho Senate Introduced Ten Water Bills

The Idaho Senate introduced ten water related bills this legislative session in addition to the twelve the House introduced.  Like many of the House bills, some of the water related Senate bills already passed both houses.  Others are in various stages of committee or legislative review.  The Senate bills considered this legislative session are briefly

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Nevada State Engineer Seeks Water Conservation Programs

            Will Nevada establish water conservation programs? The Nevada Division of Water Resources, Office of the State Engineer (“NDWR”) under the direction of Acting State Engineer Adam Sullivan distributed two draft bills to various lobbying entities.  One seeks to establish a water bank system while the other considers the creation

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Nevada Assembly Considers Water Related Bills

The Nevada Assembly Committee on Natural Resources (“Committee”) is considering a handful of water related bills in the upcoming 2021 legislative session. While we are continually receiving notice of new proposed bills, we wanted to provide a brief summary on the first few we reviewed.  Assembly Bills (“AB”) 5, 6, and 15 were prefiled for

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Nevada Water Legislation Workshops are Coming Up!

  Nevada Division of Water Resources (“NDWR”) has drafted proposed water related regulations and the public is encouraged to get involved by attending the upcoming workshops. The draft regulations concerning water use are R169-20 (concerning extensions of time) and R170-20 (concerning Water Right Surveyor licenses). R169-20 This draft regulation proposes, among other things, to include

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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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COVID-19 Webinar Series: BLM Asks Grazing Permittees to Sign Limited Agency Agreements for Stockwater on Federal Land

Please join, Laura Schroeder and Alan Schroeder for a bonus COVID-19 webinar on Idaho Limited Agency Agreements for Stockwater on Federal Land.  The webinar will be held on June 19, 2020 from 11:00 AM to 12:00 PM Pacific. You can register here. Grazing permittees and licensees in Idaho have recently been receiving Limited Agency Agreements

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In Case You Missed It: Schroeder Law Offices Presentation regarding Water Right Adjudications

By Therese Ure and Lisa Mae Gage In case you missed it, on May 13, 2020, Schroeder Law Offices presented a very informative webinar regarding water right adjudications. (To view the full webinar, please visit https://www.water-law.com/webinars/water-right-adjudication/). During this webinar, attorneys Laura Schroeder and Therese Ure provided attendees with valuable information concerning water codes in Oregon

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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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Groundwater Management

Associate Jakob Wiley Publishes Groundwater Management Article

Associate Attorney Jakob Wiley recently co-authored an article titled “Groundwater Management: The Movement Toward Local, Community-Based, Voluntary Programs” in the Kansas Journal of Law and Public Policy (Volume 29, Issue 1) available for download here. Jakob’s contribution provided the western United States’ examples and perspectives for the paper. The paper is a product of a

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Bear River Basin Adjudication Legislature Moves Forward

In 2014, the Idaho Department of Water Resources (“IDWR”) proposed adjudicating water rights in the Bear River Basin in Southern Idaho. Now, nearly 6 years later, a bill that would allow IDWR to commence the adjudication is up for legislative consideration. The Idaho House of Representatives unanimously passed House Bill 382 (“HB 382”) on February

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