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Water Right Permit
Under Oregon law, water is considered a public resource. While cities, irrigators, businesses, and other users may have access to water, they are generally required to obtain a permit or license from the Oregon Water Resources Department to use water from any source, including lakes, rivers, streams, or underground aquifers. Simply owning land with water flowing through or under it does not automatically grant the right to use that water without proper authorization.
The Doctrine of Prior Appropriation
Oregon’s water laws are based on the doctrine of prior appropriation, often summarized as “first in time, first in right.” This means that the first individual or entity to obtain a water right on a stream is entitled to use that water first, even during periods of low streamflows. Water right holders with older priority dates (senior users) have their rights fulfilled before those with newer permits (junior users). In times of water scarcity, junior users may be required to reduce or cease their water usage to satisfy the needs of senior users. The priority date of a water right is typically established when the application for a permit is submitted. This date determines the order in which users are given access to available water.Water Right Permits: General Process
Obtaining a water right in Oregon begins with the application for a water-use permit. This permit grants the holder the authorization to start constructing a water system and to begin using water. Importantly, once a permit is issued and the water right is developed, the Oregon Water Resources Department cannot later revoke or alter the terms of the permit or impose new standards.
Exempt Uses of Water
While most water uses require a permit, certain uses of water are exempt from this requirement. These “exempt uses” do not require a permit but must still comply with Oregon’s water laws. Exempt uses for surface water include:- Use of natural springs that do not flow off the property.
- Stock watering from a permitted reservoir or surface source.
- Fish protection projects, such as fishways or bypass structures.
- Fire control, both for emergency and non-emergency purposes.
- Certain forest management activities, such as slash burning.
- Collection and use of rainwater from a building’s roof.
- Reuse of water under specific conditions.
- Stock watering.
- Lawn or noncommercial garden watering (up to ½ acre).
- Domestic uses of less than 15,000 gallons per day.
- Certain industrial or commercial purposes using less than 5,000 gallons per day.
- Down-hole heat exchange.
- Watering school grounds (10 acres or less in critical groundwater areas).
- Fire control activities.
Groundwater Classified Areas
Oregon has established groundwater classified areas to manage water use in areas where groundwater resources are limited. These classified areas generally allow for new exempt groundwater uses but restrict new uses requiring a permit. These areas are primarily located in the northern Willamette Valley, with other classified areas across the state, including the South Coast, Fort Rock, Harney Valley, and Walla Walla. The goal of these classified areas is to protect existing water rights, prevent excessive groundwater declines, and preserve aquifers for high public value uses.Conflict Resolution and Water Rights
In Oregon, water law does not prioritize one type of use over another. Instead, conflicts between water users are resolved based on the priority date of their water rights. If two water rights have the same priority date, domestic use and livestock watering take precedence over other types of uses. However, if a drought is declared by the Governor, the Water Resources Commission can adopt rules that give preference to stock watering and human consumptive purposes regardless of priority dates.Disclaimer
The information on this page is subject to change as Oregon’s water laws and regulations evolve. For the most current details regarding water right permits, contact Scott Fein for expert guidance and assistance.
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Scott Fein is a licensed Professional Land Surveyor (PLS) in Oregon and is registered with the Oregon State Board of Engineering Examiners and Land Surveyors.