Water Rights Primer Oregon Water Resources Department (OWRD)

A water right is legal authorization to use a quantifiable amount of water, at a specific location, for a particular use. The State of Oregon requires users of public water to obtain approval prior to use of the water. The approval is granted in the following forms: Permit, Certificate, Limited License, or a Registration. The Water Right will indicate the season of use and the maximum diversion rate, the place of use and point of diversion or appropriation (for a well), the use and if for irrigation, the number of acres.

Surface Water Right

A surface water right is necessary to divert any amount of water from surface water such as lakes, streams, rivers and springs.

A few exemptions exist and they include:

• The use of a natural spring that under natural conditions arises on a parcel and the waters of that spring do not flow into a well defined channel that flows off that parcel.
• Where stock watering occurs directly out of the stream and there is no diversion or modification of the source. Also, use of water for stock watering from a permitted reservoir to a tank or through, and under certain conditions, use of water piped from a surface source to an off-stream livestock watering tank or trough.
• Water used for fish screens, fishways bypass structures and egg incubation projects under the Salmon and Trout Enhancement Program (STEP).
• The withdrawal of water for use in or training for emergency fire fighting.
• For certain forest management activities such as slash burning and mixing pesticides. To be eligible, a user must notify OWRD and the Oregon Department of Fish and Wildlife Department and must comply with any restrictions imposed by OWRD relating to the source of water that may be used.
• In land management practices where water use is not the primary intended activity.
• The collection and use of rainwater from an impervious surface.

Ground Water Right

A ground water right is necessary for withdrawal of water from a well or sump. Submittal and approval of a transfer application to OWRD may provide changes to a water right. Exempt uses include:

• Stock watering
• Irrigation of less than ½ acre of noncommercial lawn or garden
• Single or group domestic use of less than 15,000 gallons per day
• Single commercial or industrial use of less than 5,000 gallons per day

An irrigation district may deliver water for irrigation in Southern Oregon. The major irrigation districts are listed in the Resource Directory.

Most ponds require a water right to store water and a water right is also required to use the water stored in the pond.

In general, no new water rights are available in Southern Oregon. However, if a landowner has access to the Rogue River or Applegate River an individual can enter into a contract with the Bureau of Reclamation for release of stored water from Lost Creek or Applegate reservoirs and apply for a water right to use that stored water from OWRD.

A water right research can be conducted by local Watermasters or the Oregon Water Resources Department to determine if a parcel has an existing water right. These organizations are listed in the Resource Directory.