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 56th annual conference. Over 300 registrants attended the conference, more than 80 of which were from the United States Bureau of Reclamation (“Bureau”). Karl Stock, Regional Director             Bureau Commissioner Camille Calimlim Touton welcomed conf ..read more

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 ..read more

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 certifica ..read more

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 surfa ..read more

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 interpretat ..read more

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! Radon is a naturally occurring radioactive gas that has no color, odor, or taste. It comes from the breakdown of radioactive elements like uranium and radium in the ground. The soil under your home releases radon which can make its way through cracks or openings in your home and sometimes through well water ..read more

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 ..read more

Our Team, from left to right: Laura, Maricruz, Therese, Tara, Scott, Caitlin, Rachel, Max, Jess, Kelsey, Jeff, Jim, Melissa and Rita Thank you for your support during 2023. It has been an exciting year for us as we look forward to serving you in the years to come. Visit our Home Page. View our Blog. Send us your questions. The post Holiday Greetings from Schroeder Law Offices appeared first on Schroeder Law Offices, PC ..read more

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 ..read more

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 prope ..read more