Oregon Water Rights Law

In oregon the prior appropriation doctrine was adopted into statute on february 24 1909 and introduced state control over the right to use water.
Oregon water rights law. First in time first in right concept the right to use the water is attached to the land. Generally speaking landowners with water flowing past through or under their property do not automatically have the right to use that water without authorization from the department. There are no warranties expressed or implied including the warranty of merchantability or fitness for a particular purpose accompanying this information. Water law for most of the states west of the mississippi.
Oregon law provides that all water is publicly owned. With some exceptions cities irrigators businesses and other water users must obtain a permit or license from the water resources department to use water from any source whether it is underground or from lakes or streams. Under oregon law all water belongs to the public. Water rights in oregon 5 for more.
Oregon water law dates back to 1909 and includes four basic provisions. Under oregon law all water is publicly owned. With some exceptions cities farmers factory owners and other water users must obtain a permit or water right from the water resources department to use water from any source whether it is underground or from lakes or streams. This two volume set contains all of oregon water law compiled under title 45 of the 2017 edition of oregon revised statutes.
Water rights therefore are rights to use water allocated by the state to users. The water resources department cannot accept any responsibility for errors omission or accuracy of the information. In addition not just any use of water qualifies. With only a few exceptions a water right is required before any person including a city business or other entity may divert water from its natural course and put it to beneficial use what is prior appropriation.
2 introduction to oregon water law a basic concepts all surface water and groundwater in oregon is publicly owned and its use is administered by the oregon water rights department owrd. Before then water users had to depend on themselves or local courts to defend their rights to water. We will also provide an overview of federal reserved water rights reflect on tribal water rights from the perspective of a practitioner with four decades of experience and cover ethical issues. Meta loftsgaarden of the oregon watershed enhancement board will be our keynote speaker this year.