Oregon is entering another phase of water-right modernization. On September 10, 2026, the Oregon Water Resources Commission adopted Phase 2 changes to OAR Chapter 690, Divisions 52, 53, 54, 305, 320, and 330. The new rules take effect October 1, 2026. They address selected hydroelectric processes, general mapping standards, miscellaneous water-right provisions, and the process for proving that water has been put to beneficial use under a permit.
The October Rules Focus Heavily on Proof of Appropriation
One of the most significant changes is the reorganization of Division 330 around “Proof of Appropriation to Perfect a Water Right.” In practical terms, this is the process of showing that water authorized under a permit was actually developed and put to beneficial use according to the permit conditions.
The rules continue to distinguish between the amount originally authorized by a permit and the amount ultimately supported by proof of use. If OWRD determines that beneficial use was developed to an extent less than the full permit authorization, the resulting certificate may reflect only the portion that was actually perfected.
Claims of Beneficial Use Remain a Critical Step
For water-right permit applications filed after July 9, 1987, final proof surveys and Claims of Beneficial Use generally must be completed by a Certified Water Right Examiner, subject to specified exceptions. That requirement becomes particularly important when the physical water system, irrigated acreage, diversion location, or actual rate of use does not precisely match what was originally contemplated by the permit.
A permit holder approaching a development deadline should therefore review more than the expiration date. The actual place of use, point of diversion or appropriation, measurement equipment, developed acreage, and supporting records should all be compared with the permit before the Claim of Beneficial Use is prepared.
Municipal Suppliers Have Updated Rules for Incremental Perfection
The October 1 rules also address incremental perfection of municipal water rights. For requests submitted on or after October 1, 2026, qualifying municipal suppliers may perfect a portion of a municipal permit rather than the full authorized quantity at once. Each increment must represent at least 25 percent of the quantity originally authorized by the permit.
When a portion is perfected, the remaining quantity stays in permit status without losing its priority. The municipal supplier must provide a Claim of Beneficial Use, three years of monthly diversion information, the maximum rate diverted under the permit and its date, and a plan for developing future increments. This may be particularly relevant for cities, domestic water supply districts, ports, and water supply authorities planning system growth over a longer period.
Some Rules Are Being Reorganized Rather Than Replaced
Not every Phase 2 change creates a new substantive requirement. Several provisions are being moved, consolidated, or repealed because they are outdated or duplicated elsewhere. Division 320, for example, is being reorganized as “Miscellaneous Water Right Provisions,” while several rules concerning certification and proof of use move into Division 330.
For permit holders, that distinction matters. The October changes should not be read as though every existing requirement has been replaced. In many cases, the rule number or organizational structure is changing while the underlying obligation continues.
Review Permit Development Before the New Rules Take Effect
The October 1 effective date is a useful reason to review permits that are approaching completion, certification, or municipal incremental perfection. Water-right records should match the system that exists on the ground, and the documentation supporting beneficial use should be organized before a filing deadline arrives.
Water Rights Pro works with permit holders on Claims of Beneficial Use, water-right mapping, measurement review, and other documentation needed to move from permit development toward certification. Early review can identify discrepancies while there is still time to understand the available options.