After navigating the long application process, the Oregon Water Resources Department (OWRD) has issued you a water right permit. It’s a huge milestone, but it’s not the finish line. Holding a permit is like having a learner’s permit to drive; it gives you permission to build your system, but it’s not the final license.
To get your permanent, vested water right certificate, you must complete a critical phase known as “proving up.” Many permit holders are unaware of these final steps, risking the very water right they worked so hard to obtain. This guide explains how to successfully cross the finish line.
What is a Water Right Permit?
A water right permit is a temporary authorization from the state. It grants you the legal right to develop your water system and begin putting water to beneficial use. Crucially, every permit comes with two important deadlines:
- A deadline to complete construction of your water system (e.g., drill the well, install the pump, dig the ditches).
- A final deadline to put the water to full beneficial use.
These deadlines are strict. If you fail to meet them, your permit can be canceled, and your water right is lost.
The “Proving Up” Period: Showing Your Work
The time between receiving your permit and your final deadline is the “proving up” period. During this phase (which is often five years, but can vary), you must actively use the water according to the terms of your permit.
This means if your permit is for irrigating 20 acres, you need to develop the ability to irrigate all 20 acres and do so consistently. The state requires this proof of actual use before they will grant a permanent water right certificate. You can’t simply get a permit and sit on it.
The Critical Final Step: The Final Proof Survey
As your final deadline approaches, you must complete the most important step in the process: the Final Proof Survey.
This is not something you can do yourself. By law, a Final Proof Survey must be conducted and submitted by a Certified Water Right Examiner (CWRE). The CWRE will:
- Conduct a Field Survey: They will visit your property to physically inspect and map your entire water system, from the point of diversion to the place of use.
- Document Beneficial Use: They will verify the amount of water you are using and confirm it matches the terms of your permit.
- Prepare a Formal Map and Report: The CWRE creates a highly detailed map and prepares an official report that is submitted to the OWRD.
This report is the official evidence that you have “proven up” on your permit. Once the OWRD reviews and approves the survey, they will issue your permanent water right certificate.
Why You Need a CWRE
A Certified Water Right Examiner is a licensed professional (either an engineer or surveyor) who has passed a rigorous state exam on Oregon water law. You cannot finalize your water right without one.
Failing to hire a CWRE in time to complete the Final Proof Survey before your deadline is one of the most common and heartbreaking ways that people lose their water rights. The state will simply cancel the permit, and all the time and money you invested will be gone.
Don’t Let Your Permit Expire
Securing a water right permit is a major accomplishment. Don’t risk losing it in the final stage. The “proving up” process and the Final Proof Survey are mandatory steps to convert your temporary permit into a permanent, valuable asset.