Best Water Law Lawyers in Oregon

About Water Law in Oregon, United States

Water law in Oregon governs the use, allocation, and management of the state’s water resources. Oregon uses a system known as prior appropriation, meaning "first in time, first in right." This principle prioritizes water rights based on when they were first established. The system distinguishes between surface water (lakes, rivers, streams) and groundwater (aquifers). Water law in Oregon is primarily designed to balance the interests of agricultural, municipal, industrial, tribal, and environmental uses, all while ensuring the sustainability of water resources for future generations.

Why You May Need a Lawyer

You may need a lawyer for a variety of reasons related to water law in Oregon, including:

• Acquiring, transferring, or defending a water right
• Resolving disputes over water usage between individuals, businesses, or governmental bodies
• Navigating the complexities of water right permitting with the Oregon Water Resources Department (OWRD)
• Protecting your interests in the event of drought, restrictions, or regulatory enforcement actions
• Understanding how new developments or land use changes affect existing water rights
• Addressing water contamination or environmental compliance issues
• Representing tribal water rights and interests
• Litigating or negotiating in cases of over-appropriation or curtailed water distributions

Legal advice and representation can help avoid costly mistakes and ensure you are in compliance with all relevant state and federal laws.

Local Laws Overview

Oregon’s water law is found in Title 45, Chapters 536 through 543 and 545 of the Oregon Revised Statutes. Key aspects include:

• All water in Oregon is publicly owned. Individuals or entities must obtain a water right to use surface or groundwater, except for limited exempt uses.
• The prior appropriation doctrine means earlier water rights have higher priority over those established later in times of shortage.
• Surface water and groundwater are regulated separately, but both require permits from the OWRD unless specifically exempted.
• Municipal and agricultural uses are common types of water rights, but rights also exist for industrial, recreational, and instream (environmental) purposes.
• Changes in use, transfer of location, or changes in the point of diversion often require state approval.
• Watermasters and the OWRD enforce water policy and adjudicate disputes.
• Some watersheds or basins are closed to new appropriations, and special management rules may apply in water-short areas.
• Oregon recognizes certain Native American tribes’ rights as established in treaties and court decisions.

Frequently Asked Questions

What is a water right?

A water right is a legal authorization that allows a person or entity to use a specified amount of water for a defined purpose at a designated location.

How do I obtain a water right in Oregon?

To obtain a water right, you must file an application with the Oregon Water Resources Department. The application process involves public notice, review, and potential appeals before a right is issued.

Do I need a permit to use water from a well on my property?

In most cases, yes. Using significant groundwater, especially for irrigation or commercial use, requires a permit. Domestic wells serving a single residence may be exempt from some requirements but must still follow state guidelines.

What is the "prior appropriation" system?

This system grants water rights to users based on the date they were established. In times of shortage, those with earlier (senior) rights receive their water before newer (junior) rights holders.

Can I transfer my water right to another location or use?

Possibly. Transfers require permission from the Oregon Water Resources Department and may involve a public review process to ensure no harm to other rights and public resources.

Are all sources of water regulated?

Most surface and groundwater sources are regulated, but there are exemptions for small-scale domestic use, livestock watering, and certain other activities.

What happens in a drought?

During drought, water distribution follows the priority system. Senior rights holders get their full allocation before junior holders. The state can also impose restrictions, curtailments, or emergency measures.

What is an instream water right?

An instream water right is a legal tool to keep water in rivers and streams for public benefits, such as fish habitat, recreation, and water quality. These rights are held by the state and are enforced like other water rights.

Do Native American tribes have special water rights?

Yes. Federally reserved tribal rights, established by treaties or court decisions, are recognized in Oregon and may have senior priority to non-tribal rights in certain areas.

How do I resolve a dispute with a neighbor about water use?

Disputes can often be resolved through mediation or direct negotiation. If unresolved, they can be brought before the Oregon Water Resources Department or to court. An attorney experienced in water law can assist in protecting your rights and reaching a resolution.

Additional Resources

Several organizations and agencies provide guidance and information on water law in Oregon:

• Oregon Water Resources Department (OWRD): The main regulatory agency for water rights, permitting, and enforcement
• Local Watermasters: Enforce water policy and may assist with local disputes
• Oregon State Bar Lawyer Referral Service: Connects individuals with qualified water law attorneys
• Oregon Water Resources Congress: Represents the interests of irrigation districts and water users
• Oregon Department of Environmental Quality (DEQ): Addresses water quality, pollution, and environmental issues
• Tribal governments: For issues concerning tribal water rights and related resources

Next Steps

If you need legal assistance in Oregon water law, start by gathering all relevant documents, permits, and correspondence related to your water use or rights. Identify your key concerns and write down any questions you have. Next, consult with a qualified attorney who specializes in Oregon water law. You can use the Oregon State Bar’s referral service or reach out directly to water law practitioners in your area. Finally, maintain open communication with the Oregon Water Resources Department, your local Watermaster, and, if applicable, any relevant environmental or tribal offices. Taking prompt and informed action will help protect your interests and maintain compliance with Oregon’s complex water regulations.