Water rights in Oregon are not guaranteed permanently. To maintain your rights, you must comply with specific state requirements. Non-use or non-compliance can result in forfeiture of your water rights—a serious financial and operational risk for landowners, developers, agricultural operators, and industries. This article covers essential compliance practices, including beneficial use, record-keeping, measuring requirements, and collaboration with your local watermaster.
Beneficial Use: Understanding “Use It or Lose It”
Oregon law mandates continuous beneficial use of your water right. If you fail to use your allocated water for five consecutive years, your rights can be forfeited.
To protect your right:
- Use your water regularly according to your permit.
- Clearly document the type and extent of water use.
- If your water use changes, formally amend your permit through the Oregon Water Resources Department (OWRD).
Maintaining Proper Records
Detailed documentation helps prove continuous beneficial use. Regular record-keeping protects you if your water rights are ever reviewed or challenged.
Your records should include:
- Annual usage logs (dates, purpose, and duration of water use).
- Maps or photos documenting areas irrigated or served.
- Flow or volume measurements when possible.
- Copies of correspondence or site inspections by OWRD officials or watermasters.
Measuring Devices: Accuracy and Accountability
Oregon increasingly requires water users to install approved measuring devices—especially larger users. Even when not required, installing a meter helps prove beneficial use and regulatory compliance.
Best practices include:
- Installing OWRD-approved measuring equipment.
- Routinely calibrating and maintaining devices.
- Keeping detailed records of measurements and maintenance activities.
Working with Your Local Watermaster
Your watermaster is a crucial resource for navigating compliance. They enforce water rights, provide advice, and mediate disputes.
Ways to effectively work with your watermaster include:
- Regularly communicating any planned changes or questions.
- Requesting periodic compliance inspections.
- Promptly addressing any compliance issues identified.
Avoid Common Compliance Mistakes
Common compliance mistakes often lead to water rights issues:
- Unauthorized changes to the type, amount, or location of water use.
- Lack of adequate usage records.
- Non-compliance with measurement or reporting requirements.
To avoid these issues, consistently verify your compliance obligations, maintain accurate records, and stay in regular contact with your local watermaster.
Taking proactive steps ensures your water rights remain secure, protecting your land and investments from the risk of forfeiture under Oregon law.