You own a few acres in Oregon. You have a well for your home and garden, and maybe a few head of cattle. A neighbor mentions the term “water rights,” and now you’re asking yourself a critical question: Am I using my water legally? Do I need a permit for that?
It’s a valid concern. In Oregon, nearly all water is publicly owned and its use is regulated by the state under the principle of Prior Appropriation, “First in Time, First in Right.” This means that to use water, you generally need to obtain a water right from the Oregon Water Resources Department (OWRD).
However, the law carves out a few specific, limited exceptions for uses that are considered “exempt” from needing a formal water right permit. This article will explain what those exemptions are, their strict limits, and the risks of misunderstanding them.
Oregon’s Main Exempt Water Uses
While there are a few minor exceptions, most exempt uses for landowners fall into one of two main categories.
1. Domestic Groundwater Use (The “Household Well”)
This is the most common exemption. If you are using groundwater from a well, you are exempt from needing a water right if the water is used for:
- Single or group domestic purposes: Supplying water to homes for drinking, cooking, cleaning, etc.
- Watering a non-commercial lawn and garden: This is the key detail. The area you water cannot exceed one-half (1/2) acre.
- The total amount used for all domestic purposes does not exceed 15,000 gallons per day.
This exemption is designed to allow rural homeowners to use water for their personal needs without going through the formal permitting process. However, if you start a small commercial nursery or plan to irrigate a one-acre “garden,” you have crossed the line from exempt use to requiring a water right.
2. Stockwatering
You are exempt from needing a permit to use water for your livestock to drink. This can be from a well, a stream, or a pond. There is no volume limit on this exemption, but the use must be reasonable and not wasteful.
Crucially, this exemption is only for the water the animals drink. It does not cover irrigating a pasture for them to graze on. Irrigating pasture of any size requires a water right.
The Limits and Risks of an “Exempt” Use
Relying on an exempt status comes with significant limitations and risks that every landowner should understand.
- An Exemption is Not a “Right”: This is the most important distinction. An exempt use is not a formal water right. It has a lower legal priority than permitted uses. In times of water shortage or a legal dispute, a senior water right holder can make a “call” on the river, and they will get their water before you do.
- No Protection from Wells Going Dry: If a nearby farmer with a senior, permitted water right drills a large irrigation well that causes the water level in your domestic well to drop, you may have limited legal recourse. A formal water right provides a much higher level of legal protection.
- The Half-Acre Rule is Firm: It bears repeating: irrigating more than one-half acre of land for any purpose is no longer an exempt use. This is one of the most common ways landowners unintentionally violate Oregon water law.
When Do You Cross the Line and Need a Water Right?
It’s time to move from an exempt use to applying for a formal water right if you plan to:
- Irrigate more than one-half acre of land.
- Use water for any commercial purpose (e.g., a vineyard, a nursery, a food processing operation).
- Supply water to a subdivision or more than one “group” of domestic users.
- Build a pond for recreation or aesthetic purposes.
- Desire the legal certainty and priority protection that only a formal water right certificate can provide.
Don’t Guess, Get Clarity
Exempt uses are a practical exception for small-scale domestic needs, but they are not a loophole for larger projects. Misinterpreting the rules can lead to compliance issues and put your property’s value and utility at risk.
Are you unsure if your water use qualifies as exempt? Thinking of expanding your garden, starting a small farm, or buying a new property? Don’t leave your water security to chance.