You’ve found the perfect piece of land in Oregon, but the water right isn’t exactly where you need it. Maybe you’re switching from pasture to a vineyard and need to change your water’s designated use. What now?
You’re looking at a water right transfer. In Oregon, this is the legal process used to change the character of a water right, including:
- The Point of Diversion (or Appropriation): The location of the well or headgate.
- The Place of Use: The specific tax lots or acreage where the water is applied.
- The Type of Use: Changing from irrigation to industrial, or from one crop type to another, for example.
Navigating the Oregon Water Resources Department (OWRD) transfer process is notoriously complex. One misstep can lead to costly delays or even denial of your application. This guide, based on the expertise of Certified Water Right Examiner Scott Fein, provides a clear roadmap to the process and shows how professional guidance is your most valuable asset.
Before You File: The Professional Pre-Application Checklist
Before you even think about filling out an application, the due diligence we conduct at the outset can save you significant time and money.
- Confirm Your Right is Valid: Is the water right in good standing? Has it been used consistently? A water right that hasn’t been used for five or more consecutive years may be at risk of forfeiture. You cannot transfer a forfeited right. Our initial analysis, led by Scott Fein, includes a thorough review of your right’s history to identify and address potential forfeiture issues before they jeopardize your application.
- Define Your Goal: Be crystal clear about what you want to change. Are you moving the point of diversion 100 feet upstream? Are you moving the water from one 20-acre parcel to another? We help you refine your objectives into the precise details the OWRD requires.
- Assess for Potential “Injury”: This is the most critical concept in any transfer. The law states that your proposed change cannot harm, or cause “injury,” to other water users, including instream rights. For example, moving your diversion point could impact the water available to your downstream neighbors. This is where Scott Fein’s expertise is indispensable. We conduct a professional preliminary assessment to identify and strategize solutions for potential injury claims, positioning your application for success from the start.
The OWRD Transfer Process: A Step-by-Step Breakdown with Expert Management
Once we’ve done the critical homework, we manage the formal application process with the OWRD on your behalf.
Step 1: The Pre-Application Meeting
While optional, a pre-application consultation with OWRD staff can be invaluable. We prepare you for this meeting, or attend with you, to ensure you discuss your proposed transfer effectively, get crucial initial feedback, and identify potential red flags before investing in the full application.
Step 2: Preparing and Submitting the Application
The transfer application requires meticulous detail about the existing right and the proposed changes. A key component is the map, which must be prepared to OWRD’s strict standards. Inaccuracies in the application or map are a common source of delays. “We handle this for you.” Scott Fein and his team ensure every detail is correct and every map is professionally drafted to meet OWRD’s exacting requirements.
Step 3: Paying the Fees
Every application must be accompanied by the appropriate fee. We ensure the correct payment is submitted with the application package to prevent administrative hold-ups.
Step 4: Public Notice and Protests
After your application is deemed complete, the OWRD will issue a public notice. This opens a formal protest period where other parties can object to your transfer. Protests can be complex and adversarial. With Scott Fein as your advocate, you are prepared. We help anticipate potential protests and develop a robust strategy to defend your application against injury claims.
Step 5: OWRD’s Technical Review
An OWRD water management specialist will conduct a thorough technical review. Because we prepare your application to withstand this scrutiny, the OWRD receives a complete, defensible package designed to meet all legal criteria, with a primary focus on demonstrating the absence of injury.
Step 6: The Proposed Final Order (PFO)
If the technical review is successful, the OWRD issues a Proposed Final Order (PFO). We carefully review the PFO with you, explaining any conditions and advising on whether to accept the order or contest it if the terms are unfavorable.
Step 7: The Final Order
With no new issues, a Final Order is issued, approving your transfer. This order is your new water right permit. We make sure you understand all conditions and timelines you must follow to develop the new use and successfully “prove up” on your transferred right.
Partner with Scott Fein to Secure Your Water’s Future
A water right transfer is a detailed legal proceeding, not just paperwork. Common pitfalls like inaccurate mapping, unresolved forfeiture issues, or failing to properly assess for injury can derail your project and jeopardize your valuable water assets.
Don’t take that risk. Contact Scott Fein. As a Certified Water Right Examiner (CWRE), Scott specializes in managing water right transfers from start to finish. We ensure your application is accurate, complete, and professionally managed to give you the best chance of a successful and timely outcome.