Under Oregon law, all water is publicly owned. Although water sources, including streams, ponds, and groundwaterGroundwater Water held underground in the soil or in crevices of rock., might run across or under private property, the water itself belongs to the people of Oregon. With some exceptions, cities, farmers, factory owners, and other water users must obtain a legal right from Oregon’s Water Resources Department to use the water from any source, whether that be above ground (surface water) or below ground (groundwater). This means that before using water to irrigate your crops or manufacture goods, you are required to have a water right issued by the state. Navigating the laws around water rights in Oregon, including different use types and basin restrictions and rule exceptions, can be difficult. Luckily, there are a variety of helpful resources you can turn to if you have questions.
A good place to start is to understand the four fundamental provisions in Oregon’s Water Code:
- Beneficial purpose without waste.
Water from surface or ground sources can only be diverted for use if there is a beneficial purpose for it and it is not being wasted. A variety of activities qualify as beneficial uses, including irrigation, municipal uses, manufacturing, and recreation. Since 1987, “instream flow protection” has qualified as a beneficial use, meaning that water rights can be held to keep water in the water source itself for the benefit of the resource and the organisms that rely on it. The holder of a water right can use as much water as needed for their specific beneficial use, up to what is stated in the water right.
- Beneficial purpose without waste.
- Priority of water right.
In Oregon, the first person to obtain a water right on a stream is the last to be shut off in times of low stream flows. This means that it’s a first come, first served system. The person or entity that has held the right longest (also known as the “senior” water right holder) is allowed to divert all of the water needed and allowed under their right before the next individual or entity (the “junior” water right holder) is served.
- Priority of water right.
- Attachment to the land.
In the actual water code, this provision is called “appurtenancy.” It means that a water right is linked to the land, so it is passed with the land to any new owners.
- Attachment to the land.
- Maintained use.
In order to hold on to a water right, the owner must be actively using it for the purpose provided in the right at least once every five years. If five consecutive years have passed without use, the right is considered forfeited (with a few exceptions outlined in law). A water right will remain valid forever, as long as it continues to be used.
- Maintained use.
As with many laws, there are exceptions and important details to pay attention to when determining how they apply to you. For example, there are several specific water uses that don’t require a water right, such as stock watering, fire control, and certain domestic land management practices. It is important to make sure you have a clear understanding of the laws and the details of your right before diverting water for use.
You can find an in-depth description of Oregon’s water rights law in the Water Rights in Oregon booklet, created by the Oregon Water Resources Department. Washington County is part of the Watermaster’s District 18, with an office in Hillsboro. If you have questions about your water right, you can contact your local watermaster at 503-846-7780.
The Tualatin Soil and Water Conservation District provides free resources and advice to help landowners achieve their goals related to land management and natural resource conservation. Our programs can assist you with improving irrigation efficiency, reducing water runoff and erosion, and we can link you to resources that will help you better understand your rights and responsibilities as a landowner and/or water user. Contact us at 503-334-2288.