You’ve purchased a piece of land with a dream in mind: a small farm, a thriving vineyard, or maybe just a large, beautiful landscape. But there’s a crucial missing piece: a legal right to use water. In Oregon, you can’t simply drill a well for irrigation or pump from a stream without permission. You need to apply for a new water right from the Oregon Water Resources Department (OWRD).
The process can seem daunting, involving technical details, public notices, and long timelines. But it is manageable. This guide provides a clear, step-by-step roadmap for the beginner looking to secure a new water right.
Before You Apply: Crucial First Steps
Jumping straight into the application is a common mistake. A bit of upfront research can save you thousands of dollars and months of wasted time.
- Determine if Water is Available: This is the most important question. Many river basins in Oregon are “over-appropriated,” meaning all the available surface water has already been allocated to existing users. In these areas, getting a new surface water right is nearly impossible. Groundwater may be an option, but some areas also have restrictions on new wells.
- Understand Your Water Source: Will you be using surface water (a creek, river, or spring) or groundwater (a well)? The application process and likelihood of success can differ significantly between the two.
- Consult an Expert: The best first step is to consult with a water rights professional. They can perform an initial feasibility assessment, helping you understand the likelihood of approval in your specific location before you invest in the full application process.
The Application Process: A Step-by-Step Guide
Once you’ve done your homework, you can proceed with the formal application.
Step 1: The Pre-Application Meeting
Schedule a meeting with your local OWRD Watermaster. This is an invaluable (and free) opportunity to discuss your proposal. The Watermaster can provide basin-specific insights, identify potential challenges, and offer guidance on completing your application correctly.
Step 2: Gather Your Information
The application requires precise details about your project. Be prepared to provide:
- Who: The name and contact information of the landowner(s).
- What: The amount of water you need (e.g., in cubic feet per second or gallons per minute).
- Where: The exact location of your proposed water source and the land where the water will be used (the “place of use”).
- How: A description of your diversion system (pump, headgate, well).
- Why: The “beneficial use” for the water (e.g., irrigation, industrial, domestic).
- When: The time of year you will need to use the water.
Step 3: Create a Detailed Map
Every application must include a map that meets OWRD’s technical standards. The map must clearly show the property boundaries, the point of diversion, the pipeline or ditch route, and the specific area of use. An inaccurate or incomplete map is one of the most common reasons for an application to be delayed or rejected. This is where a professional surveyor’s expertise is critical.
Step 4: Complete and Submit the Application
Fill out the official OWRD application form, ensuring every detail is accurate and matches your map. The application must be submitted along with the required fee.
Step 5: The Public Notice and Protest Period
Once your application is accepted as complete, the OWRD will publish a public notice. This gives other water right holders in your area a chance to review your proposal and file a protest if they believe your new use will negatively impact (“injure”) their existing water rights.
Step 6: OWRD’s Technical Review
An OWRD specialist will conduct a thorough technical review of your application, the map, and any protests received. They will determine if water is available for appropriation and if the proposed use will cause injury to other users. This process can take many months, or even years, depending on the complexity and location.
What Happens After Approval?
If your application navigates the review process successfully, you don’t receive a final water right. Instead, you receive a permit.
A permit is a temporary right that gives you a set amount of time (typically up to five years) to construct your water system and put the water to beneficial use. To convert that permit into a permanent water right certificate, you must complete the development and hire a Certified Water Right Examiner (CWRE) to perform a final proof survey.
Filing for a new water right is a significant undertaking where details matter. An error in your application can lead to costly delays or outright denial.