Oregon Water Right Process Changes – Frequently Asked Questions
(Effective January 1, 2026)
Q: Which water right processes are impacted by these changes?
A: The following water right processes will be subject to automatic final order provisions, updated protest
requirements, and the party status requirements:
New water right applications (ORS 537.150; ORS 537.620)
- Permanent transfers (ORS 540.520)
- Allocation of conserved water (ORS 537.470)
- Substitutions of supplemental groundwater right for a primary surface water right (ORS 540.524)
- Clarifications (ORS 540.560)
- Cancellation of water right certificates for nonuse (ORS 540.610 to ORS 540.670)
- Cancellation of hydroelectric permits and certificates (ORS 537.295 and 537.297)
- Cancellation of water right permits (ORS 537.410 to 537.450)
- Assignment of a permit and issuance of new permits, also called split-a-permit (ORS 537.225) (party status provisions do not apply)
- Alternative reservoirs (ORS 537.409) (automatic final order provisions do not apply, and updated protest requirements and party status requirements only apply to denials)
Q: Who is affected by these updates?
A: Applicants receiving a Proposed Final Order for a covered action issued on or after January 1, 2026 must follow the updated timelines. Anyone submitting an objection or requesting party status on a covered decision issued on or after that date must meet the updated content and timing requirements. For matters filed before 2026 that have not yet been referred to the Office of Administrative Hearings, the Department plans to notify participants in April 2026 with instructions; no action is needed until that notice arrives.
Q: Are these the only process changes?
A: No. Legislation adopted for 2025–2026 enables additional efficiency and transparency updates. Some provisions take effect January 1, 2026, with further adjustments planned for April 1, 2026. The Department will communicate details ahead of each change.
Q: Why did document names change, and what are the new names?
A: The Department standardized names to improve consistency across transactions. “Draft Preliminary Determination” is now “Initial Review,” and “Preliminary Determination” is now “Proposed Final Order.” These naming updates do not add new requirements or steps for applicants.
Q: When can a Proposed Final Order become final automatically?
A: For covered actions issued on or after January 1, 2026, if the public notice period closes with no timely objections and the Department does not withdraw the decision, it becomes a final order 33 days after the notice window ends. A final order that arises from an uncontested Proposed Final Order cannot be appealed; the notice window is the time to raise concerns.
Q: How is the public comment window measured?
A: Comment periods are based on the date of the Department’s weekly public notice, not the date of any newspaper publication.
Q: How do I know whether these provisions apply to my file?
A: Each Proposed Final Order states the applicable response and party-status requirements. For files spanning the effective date that have not been referred to hearing by January 1, 2026, the Department will send direct notice in April 2026 describing how to align with the updated requirements.
Q: Where can I find instructions for submitting objections or requesting party status?
A: The Proposed Final Order itself lists the filing requirements and deadlines. Review it promptly so you have time to prepare a complete, timely submittal if you intend to respond.
Q: How can I tell if an objection was submitted on a file I’m following?
A: Check the Water Rights Information System entry for that file after the notice window closes. The Department updates the “Processing History” to reflect timely objections and aims to do so within seven business days.
Q: What should an applicant do upon receiving a Proposed Final Order?
A: Read it immediately, note the final day of the public notice window, and organize any materials you want in the record within that timeframe. Because an uncontested Proposed Final Order can finalize on day 33 after the notice window closes, calendar both dates.