HomeMy WebLinkAboutMiscellaneous APPLICANT 4/7/2006 (3)
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Date Received: Lf;, 7/ 0 (0
Planner: . db
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Water Quantity Conversion Table
Water measurements are generally
described using one of three tenns.
When applying for a permit to use
water, an applicant is required to
submit all measurements in one of
the.following ten11S.
Generally, when referring to a rate
to be diverted. the tenns used are
cubic feet per second (cfs) or
gallons per minute (gpm). When
discussing volumes of water, such
as amount applied to land,
reservoir storage capacity, or
yearly consumption, the term used
is acre-feet (at). Applications for
water use specify the appropriate
measurement to use when filing
information with the Department.
land subdivision
.
Rates of Flow
One (I) cubic foot per second (cfs) is
a rate of water flow which will supply
one cubic foot of water in one second
and is equivalent to flow rates of:
7.48 gallons per second
448.8 gallons per minute
646,272 gallons per day
I .98 acre-feet per day
I cfs ~
Volume Measurement
One (I) acre-foot is the volume of
water which will cover one acre to a
depth of one foot and is equal to:
1 af~ 43,560 cubic feet
325,851 gallons
6 5 4 3 2 1
7 8 . 10 11 12
18 17 16 15 14 13
,. 20 21 22 23 24
30 2. 28 27 26 25
31 32 33 34 35 36
NW NE NW NE
NW NW NE NE
SW SE SW SE
NW NW NE NE
NW NE NW NE
sw SW SE SE
sw SE SW SE.
SW sw SE SE
~
160 '80 ~
acres acres 40
acres
320
acres
... - -Township 6 miles-- --.
Section'
1 Mile
640 acres
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CONTENTS
THE WATER RESOURCES
COMMISSION AND DEPARTMENT.................................. 3
"To serve the public by practicing and promoting
wise long-term lAloter management. "
1. OREGON WATER LAWS................................................5
waler.management in Oregon
2. WATER PROTECTIONS AND RESTRICTIONS..................... 11
managing wafer appropriations
3. OBTAINING NEW WATER RIGHTS................................. 15
gaining authorization 10 use waler
4. OTHER WATER RIGHTS............................................... 27
authorization for waler lIse
5. TRANSFERRING WATER RIGHTS...................................31
existing rights/or new uses
6. CANCELLING WATER RIGHTS......................................35
loss of water rights through non-use
7. CONSERVATION......................................................... 38
encouraging efficient water use
8. FINDING WATER RIGHTS............................................ 41
determining {(you have a waler right
9. WATER DISTRIBUTION AND ENFORCEMENT................. 42
watermasters andfield staffprotecting rights and resources
10. REGION OFFICES AND
WATERMASTER DISTRICTS......................................... 44
I I. FEES... .......... ................. .... ..... ...... ... ... ......... ........ ..... 46
APPENDIX A.............................................................. 47
other development permits
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THE WATER RESOURCES
COMMISSION AND DEPARTMENT
"To serve the Jntblic bv practicin,< andpromotina
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wise long-term water management. "
The Watl'r Resources Commissiou is a seven-memt5er
"
citizen body established by statute to set water'
policy for the state and oversee activities of the Water:
Resources Department in accordance with state law. I'!
Members are appointed by the Govemor, subject to ,!
confirmation by the Oregon Senate, for four-year ternjs.
One member is appointed from each of five regional river
basin management areas, and two "at large" members~
from east and west of the Cascades. :!
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The Water Resources Department is the state
agency charged with administration of the laws
governing surface and ground water resources. The
Department is organized into five divisions- Field "
Services, Technical Services, Water Rights and Adjudica-
tions, Administrative Services, and the Director's :l
Office-all operating under the immediate authority iif
the Director. !:
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The Director is appointed by the Governor to serve ~
four-year term, subject to confirmation by the Oregori
Senate. The Director is charged with applying the Coin-
mission's adopted policies and rules through Departnlent
programs. In addition, the Director has independent I:
,
responsibility for adjudication of pre-1909 water rights.
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1. OREGON WATER LAWS
water management in Oregon
The Water Code
Under Oregon law, all water is publicly owned. With
some exceptions, cities, fanners, factory owners and other
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.
Generally speaking, landowners with water flowing past,
through, or under their property do not automatically have
the right to use that water without a permit from the
Department.
With some
exceptions, in
order to. take
and use the
waters of
Oregon, a
citizen must
first obtain a
permit from
the Water
Resources
Department.
The water
must be used
for a beneficial
purpose-
without waste.
Prior Appropriation
Oregon's water laws are based on the principle of prior
. appropriation. This means the first person to obtain a
water right on a stream is the last to be shut off in tim6s of
low stream flows. In water-short times, the water right
holder with the oldest date of priority can demand the
water specified in their water right regardless of the needs
of junior users. If there is a surplus beyond the needs of
the senior right holder, the water right holder with the
next oldest priority date can take as much as necessary to
satisfy needs under their right and so on down the line
until there is no surplus or until all rights are satisfied. The
date of application for a permit to use water usually
becomes the priority date of the right.
The prior appropriation doctrine is the basis of water
law for most of the states west of the Mississippi River.
East of the Mississippi, the riparian doctrine usually
applies. Under the riparian doctrine, only landowners with
water flowing through their property have claims to the
water. In Oregon, the appropriation doctrine has been law
since February 24, 1909, when passage of the first unified
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four fundamental provisions
. Beneficial purpose without waste
Surface or ground water may be legally diverted for
use only if it is used for a beneficial purpose without
waste.
. Priority
The water right priority date detennines who gets
water in a time of shortage. The more senior the water
right, the longer water is available in a time of
shortage.
. Appurtenancy
A water right is attached to the land where it was
established, as long as the water is used. Ifthe land is
sold, the water right goes with the land to the new
owner.
. Must be used
Once established, a water right must be used as
provided in the right at least once every five years.
With some exceptions established in law, after five
consecutive years of non-use, the right is considered
forfeited and is subject to cancellation.
water code introduced state control over the right to use
water. Before then, water users had to depend on them-
selves or local courts to defend their rights to water.
Generally, Oregon law does not provide a preference
for one kind of use over another. If there is a conflict
between users, the date of priority detennines who may
use the available water. lfthe rights in conflict have the
same date of priority, then the law indicates domestic use
and livestock watering have preference over all other
uses. However, if a drought is declared by the Governor,
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Prior Appropriation: an example
"First in time, first in right"
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<'~"".' .}'-'--'-'. /~ "'::" .-::-:",~
"~Senior User"
"1910 water Right
. '. 'This ",aterright gets c,
waierfirstduring times.
011 ow streamflow,"
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An example of prior appropriation at work
Prior appropriation ensures that the first water user to obtain
water rights has first access to water in times of shortage. If a
'''downstream'' landowner has the earlier priority date (the~/
initiated their water right in 1910) the "upstream" landowner
may have to let the water pass unused to meet the needs of the
senior, downstream water right holder.
the Department can give preference to stock watering and
household consumptive purposes, regardless of the
priority dates of the other users, Ground water rights for
geothennal uses, such as heating or air conditioning, are
always junior in priority to other uses of water unless the
water is also used for another purpose, such as irrigation,
or injected back into the ground water reservoir,
Some uses of water are exempt from the requirementto
obtain a permit These are called "exempt uses."
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For more
information,
refer to ORS
537.141.
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Exempt uses of surface water
1. Natural springs: use of a spring which, under
natural conditions, does not form a natural channel an9
flow off the property where it originates at any time of'the
year.
. 2. Stock watering: where stock drink directly f~om
a surface water source and there is no diversion or othh
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modification to the source. Also. use of water for stock
watering from a permitted reservoir to a tank or troug~,
and, under certain conditions, use of water piped from:!a
surface source to an off-stream livestock watering tank or
trough. I!
3. Salmon: egg incubation projects under the ,
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Salmon and Trout Enhancement Program (STEP) are also
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exempt. Also, water used for fish screens, fishways a~d
bypass structures. .
4. Fire control: the withdrawal of water for use in.
or training for, emergency fire fighting. " .
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5. Forest management: certain activities such!;as
slash burning and mixing pesticides. To be eligible, a 'user
must notify the Department and the Oregon Departm~rt of
Fish and Wildlife and must comply with any restrictiJns
imposed by the Department relating to the source of Jater
that may be used.
6. Land management practices: where water use
is not the primary intended activity. Ii
7. Rainwater: collection and use of rainwater frhm
an impervious surface (like a parking lot or a building's
roof).
Ground water exempt uses
1. Stock watering.
,
2. Lawn or noncommercial garden: watering of
not more than one-half acre in area.
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3. Single or group domestic purposes: for no
more than 15.000 gallons per day.
4. Single industrial or commercial purposes:
not exceeding 5,000 gallons per day.
5. Down:hole heat exchange uses.
6. School grounds: ten acres or less, of schools
located within a critical ground water area.
For more
information,
refer to ORS
537.545.
Note: While these water uses do not require a permit the
use is only allowed if the water is used for a "beneficial
purpose without waste" and may be subject to regulation.
in times of water shortage.
Oregon's minimum well construction standards must
be followed for the construction, maintenance, and '
abandonment of any well.
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2. WATER PROTECTIONS
AND RESTRICTIONS
managing water appropriations
Basin-bv-Basin Water Use Restrictions
.
Some waters within the state may be closed to new
appropriation.by legislative action or restricted by an
administrative rule or order of the Water Resources
Commission. These restrictions on new uses from streams
and ground water aquifers are adopted to assure sustained
supplies for existing water users and to protect important
natural resources. Except in very severe situations (e,g.,
critical ground water areas), these restrictions do not affect
existing water uses, only the Department's ability to
authorize new uses in these basins.
Water
measurement
is an essential
component of
distributing
water to senior
rights during
low stream-
flows.
These
measurements -
also help the
Department
monitor the
state's water
resources and
plan for future
needs in each
basin.
Basin Programs
The Water Resources Commission adopts basin programs
to set policies for managing river basins. A river basin'
includes all the land area, surface water bodies, aquifers
and tributary streams that drain into the major namesake
river. A map of the state's river basins is on the last page
of this booklet.
Basin programs include water use "classifications" that
describe the types of new water right applications that
may be considered by the Department. Applicants should
check with the Department before submitting an appli.ca-
tion to detennine what classifications have been adopted
on the proposed source of water.
The Commission has adopted basin programs for all but
two of the state's 20 major river basins. Although the
Commission has not adopted comprehensive basin
programs for the Klamath and Malheur Lake basins, use
of water in those basins is still subject to other administra-
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tive rules. The Commission may revise classifications in
basin programs when the lack of available water or other
factors indicate that new appropriations should-not be
allowed. Any-change in the classification of a stream or -
aquifer restricts only new uses of water.
Critical Ground WaleI' Areas
. The law requires that when pumping of ground water
exceeds the long-term natural replenishment of the
underground water reservoir, the Water Resources Com-
mission must act to declare the source a critical ground
water area and restrict water use. The law is designed to
prevent excessive declines in ground water levels. The
order setting the limits of the critical area may also
provide for certain users of water to have preference over
other users, regardless of established water right priority
dates. Critical ground water areas also can be declared if
there is interference between wells and senior surface,
water users or deterioration of ground water quality.
Once a critical ground water proceeding is initiated
by the Commission, no new well permits are issued
during the course of the proceeding. The final order may
restrict both existing and future uses in order to stabilize
the resource.
To date, Oregon has declared seven critical ground water
areas. The critical areas are Cow Valley near Vale; The
Dalles in Wasco County; Cooper Mountain-Bull Mountain
southwest of Beaverton and Tigard; and the Butter
Creek, Ordnance (alluvial and basalt) and Stage Gulch
areas in Morrow and UmatilIa Counties.
Ground Waler Limited Areas
The northern Willamette Valley and much of the Colum-
bia River plateau contain many sources of ground water
that are isolated in volcanic rock. These aquifers are in the
Columbia River Basalt group, or basalt for short. Heavy
pumping from the basalt and another geologic unit, the
Troutdale Formation, have caused declines in these areas.
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II MANAGEMENT AREA Restricted Classification, Umited Areas. Critical Areas
The Commission has established 12 "ground water limited
areas" in the northern Willamette yalley. These areas are
in the following approximate locations: Sandy-Boring,
Damascus, Gladtidings, Kingston, Mt. Angel, Sherwood-
Dammasch- Wilsonville, Stayton-Sublimity, Parrett
Mountain, Chehalem Mountain, Eola Hills, South Salem
Hills, and Amity Hills-Walnut Hill. The Willamette and
Sandy Basin programs list the limitations. Outside the
Willamette Valley are the Fort Rock and Ella Butte
limited areas. Through changes to the basin programs,
new water rights in these areas are restricted to a few
designated uses.
For more
information,
refer to OAR
690-502.
The Department's role is to protect existing water rights
by preventing excessive ground water declines, restoring
aquifer stability, and preserving aquifers with limited
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storage capacity for designated high public value uses. As
more wells are drilled. the Department may find other
areas where use from basalt and other aquifers must be
limited. Such limitation applies to the specific aquifer that
a well is tapping. In some cases, water may still be
available at a different depth from a different geologic
formation.
3. OBTAINING NEW WATER RIGHTS
gaining authorization to use water
In order to
divert and use
the waters of
Oregon, a
citizen must
first obtain a
permit froin
the Water
Resources
Department.
The water must
be used for
beneficial
purpose -
without waste.
Water rights are obtained in a three-step process. The
applicant first must apply to the Department for a penn it
to use water. Once a permit is granted, the applicant must
construct a water system and begin using water. When
water is applied, the penn it holder must hire a certified
water right examiner to complete a survey of water use
and submit to the Department a map and a report detailing
how and where water is being applied. If water has
been used according to the provisions of the permit, a
water right certificate is issued based upon the report
findings.
In most areas of the state, surface water is no longer
available for new uses on a year-round basis. Ground
water supplies may also be limited in some areas.
Allowing new uses of water is done carefully to preserve
the investmen.ts already made in the state, whether in
farms, factories or improvement of fish habitat.
Water rights are not automatically granted. Opportunities
are provided for other water right holders and the public to
protest the issuance of a permit. Water users can assert
that a new permit may injure or interfere with their water
use, and the public can claim that issuing a new permit
may be detrimental to the public interest. This provides
protection for both existing water users and public
resources.
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Water-Use Permits
The First Step: requesting {f water-use permit
A pennit is the authorization from the Department
necessary to begin constructing a wate~ system and begin
using water. Once the Department issues a penn it, if the
user complies with the conditions of the penn it and
develops their water right. the Department cannot later
decide to revoke or change the penn it or impose new
standards for the use.
Applications and
more detailed
instructions are
available at all
Department
offices and on
the Department's
website.
For an application to be considered, an applicant must
submit a completed application to the Department along
with other information and maps, as required by statute.
Types of infonnation that may be required:
]. A legal description of the property involved (may be
found on a deed. land sales contract or title insurance
policy).
2. A map showing the features of the proposed use and
proposed source located according to township, range
and section including any roads or other right of ways
crossed by proposed diversion works.
3. In most cases. a statement declaring whether the
applicant has written authorization permitting access
to land not owned by the applicant (including land
crossed by proposed diversion works).
4. The names and addresses of any other property
owners that may be affected by the proposed
development.
5. Land use information obtained from the affected ]ocal
govemment planning agency.
6. Supplemental Fonn (if. necessary) such as Fonn I for
irrigation or Fonn M for a municipal right.
Oregon law also requires that the applicant pay a fee set
by statute. This fee contributes to the costs of reviewing
and handling the application. A fee schedule is available
from the Department on request and can be found online
at www.wrd.slale.or.us.
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Permit Application Process
Department Review Applicant/Public Involvement
The Department re~
views the application
to determine .if water
is available during the
time requested and
the_proposed use is
allowed.
The "Proposed Final
Order" explains the
Department's findings
and wnether it
plans to approve or
deny the permit.
Now.the applicant
must begin to put
the water to
beneficial use_
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Proposed
Final Order .
A report is sent
to the applicant.
A weekly
listing is sent
to Interested parties
and published at
www.wrd.state..or.us.
If anyone
opposes the
proposed order,
, they may file a
formal protest
This is to judge
disputes if the
protest cannot
be resolved.
It is important that application instructions are caretully
followed. If application materials are incomplete, they will
be returned to the applicant.
The requirements outlined in the Oregon statutes and the
Department's administrative rules generally require the
Department to issue a final order approving or denying the
application within eight months.
However, if protests are filed, the Department may
schedule a contested case hearing to resolve issues raised
in the protest(s). A contested case hearing often extends
the process beyond eight months.
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To inquire
about a pre-
application
conference,
please contact
the Salem
office at:
(503) 986-0900,
.
Pre-application consultation
Applicants with complex requests, or applicants who are
unfamiliar with the application process, are encouraged to
contact the Department to schedule a "pre-application
conference," The Department's Water Rights Section staff
are available to meet with applicants about their proposed
project.
A pre-application conference can help the process to go
much smoother and minimize chances that the applicant
will encounter surprises along the way_
Application review
During the application review stage, applications are.
examined by the Department to ensure that allowing the
proposed use will not cause injury to other users or public
resources. The Department also determines if water is
likely to be available for use and considers many other
factors in its analysis of the application. These factors
include basin plan restrictions that might prohibit certain
uses or further appropriations, local land use restrictions,
impacts on sensitive, threatened or endangered species,
water quality, and other state and federal rules.
For example, when considering a water right application
in or above a state scenic waterway, the Department is
required by law to find that the proposed use will not
impair the recreational, fish and wildlife values in the
scenic waterway. The Department has prepared estimates
ofthe streamflow levels needed to satisfy these uses.
These flows may be used in determining whether new
water rights in or above a scenic waterway should be
authorized.
Also during the application review stage, other water right
holders, government agencies and the public may
comment on or protest the application.
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A water right holder Change in usc
may change their point
of diversion, pOint of ap-
propriation, place or use _____
orlypeof use bya for. ~
rnaltransfer.
If approved. the Depart-
ment issues a permit
Now. the water user
must begin putting Ihe
water to beneficial use.
Whentllelr system is
complete the water user
must hire an examiner
to prepare a claim ot
beneficial use.
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"'Priority datt'''
When a completed applicalion is
accepled by the Department, the
priority date is assigned. Then the
Depal1lnenc processes the applica-
t]on using a combination of basin
rules, water availability reports, and
public interest review.
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"Proving up"
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Non-use
With some excep.
tions,ilthewater
right is not used lor
more !hall five con-
secutiveyears, it
may be considered
forfeit and ca'ncel-
led.
...
The Second Step: constructing
the system and using waleI'
Once the Department determines that a new water use can
be allowed, a permit is issued. The permit will contain
time limits to develop the water use. Other conditions
may also be placed on the permit, such as a requirement
for metering the water use, reporting water use, or
installing and maintaining fish screens.
Pennits generally require the water user to develop the
water use within four or five years. The permit holder may
apply for an extension of time to fully develop the water
use. The Department considers each request for an
extension of time on a case-by-case basis. If there is good
cause for not completing the water use in a timely manner
and the permit holder has shown diligence in trying to
meet the requirements of the pennit, an extension may be
granted.
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Changing or modifying a permit
The point of diversion or the place of water use under a
penn it may be changed by submitting an application to the
Department. The application is similar to a transfer
application (discussed on pages 31-35), except the
required map does not have to be prepared by a certified
water right examiner. The change in the pennit will be
allowed only if it will not cause injury to other water
rights. Under certain, limited circumstances, penn it
holders may also change a surface water point of diversion
to a nearby ground water source. The other tenns and
conditions in the permit cannot be changed.
The Third Step: "proving up" the water use
Once the water project is completed, the pennit holder
must send notice to the Department that work has been
completed. The permit holder is then required to
submit proof of water use to the Department.
Except for certain small ponds, as described on pages
23-24, a water user must hire a certified water right
examiner (CWRE) to survey the extent of water use and
within one year of completion (or the completion date,
whichever is sooner) submit a map and claim of beneficial
use to the Water Resources Department. This allows the
Department to evaluate the extent of water use developed
within the tenns and conditions of the pennit. Certified
water right examiners are registered, professional survey-
ors, geologists, or engineers who have passed a test given
by the Oregon State Board of Examiners for Engineering
and Land Surveying. For a list of CWREs, call the
Department in Salem at (503) 986-0900 or your local
watermaster listed on pages 44-45.
In some instances, personnel from the Department
may conduct a brief field inspection of the completed
appropriation to check the accuracy of the survey supplied
by the CWRE. The inspector may want to check the
size and type of equipment or to verifY that the amount of
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water requested has been put to use according to the
pennit. If necessary, water measurements may be taken. In
some cases, applicants inadvertently ask for too much
water or simply use less water than originally intended.
Oregon's water law provides that a certificate may be '
issued only for the quantity of water that is beneficially
used: the quantity of water that can be applied without
waste or the amount allowed by the permit, whichever is
less.
Final Certijicates: the
"pelj'eded" water right
With the final proof survey map and water-use report, the
Department will detennine ifthe permit holder has met
the conditions ofthe pemlit. If so, a water right certificate
is issued. The water right certificate will continue to be
valid as long as the water is used according to the provi-
sions of the water right at least once every five years. (For
exceptions to this requirement, see pages 35-37 on
cancellation of water rights.)
The amount of water allowed in the certificate will be
an instantaneous rate andtor an annual amount. The
appropriator may divert a certain maximum rate but may
not exceed the total amount allowed for the year. The
instantaneous rate is usually expressed in cubic feet per
second (cfs) or gallons per minute (gpm) and the annual
amount in acre-feet (at). A conversion table for cfs, gpm
and af is located on the inside cover of this booklet.
A water right pennit or certificate will not guarantee
water for the appropriator. Under the prior appropriation
doctrine, the water right authorizes diversion of water
only to the extent water is available. The amount of water
available to a water right holder depends on the water
supply and the needs of other senior priority date water
rights, including water rights for instream use.
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Water dedicated to instream uses
The Department also approves water rights for fish
protection, minimizing the effects of pollution or
maintaining recreational uses. These water rights are
called "instream water rights". Instream water rights
establish flow levels to remain in a stream on a month-by-
month basis and are usually set for a certain stream reach
and measured at a specific point on the stream. Instream
water rights have a priority date and are regulated in the
same way as other water rights.
In stream water rights were established by the 1987
Legislature. This law allows the Departments of Fish and
Wildlife, Environmental Quality, and Parks and
Recreation to apply for instream water rights. The law
gives instream water rights the same status as other water
rights. However, in a Governor-declared drought, Oregon
law allows the Department to give preference to human
consumption and livestock watering over other uses
including in stream uses.
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lnstream water rights are not guarantees that a certain
quantity of water will be present in the stream. When the
quantity of water in a stream is less than the instream
water right. the Department will require junior water right
holders to stop diverting water. However, under Oregon
law, an instream water right cannot affect a use of water
with a senior priority date.
Oregon law also allows water right holders to sell, lease or .
donate water rights to be converted to instream water
rights. This is done through a short-term lease agreement
or by a fonnal transfer of the existing right from the
current use to a new type of use. lnstream leases and
transfers are discussed on pages 31-35.
Rights to stored water
Reserl'{)il~~ {lnd POI1{!.I'
The construction of a reservoir or pond of any size to store
water requires a permit from the Department. A permit to
construct a reservoir allows storage of streamflow and is
usually filled from higher streamflows that occur during
the winter months.
A permit for a reservoir with the sole purpose of storing
water is considered the primary permit. Permittees
intending to divert and use Or maintain water stored in the
reservoir or pond, will need an additional, or secondary,
water use pennit.
A holder of a water right to the natural flow of a stream
has no right to water stored in the reservoir of another
water right holder. A reservoir water right holder usually
does not have to release stored water to satisfy the needs
of senior, natural flow rights on the same stream system.
However, the operator of the reservoir must provide some
means of passing natural streamflow through or around
the reservoir to satisfy downstream prior water right
holders and instream water rights.
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For more
information,
refer to ORS
537.409.
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Reservoirs with a dam 10 feet or greater in height and that
store 9.2 acre-feet or more of water must submit a map
prepared by a CWRE, as well as engineering plans and
specifications for approval by the Department before the
reservoir is constructed. Slnaller reservoirs and dams do
not require CWRE application maps or engineered designs
and plans. However, the Department highly enco'urages
dam builders to seek the Department's technical review of
plans before beginning construction. This will help en~ure
a sound dam with the.necessary safeguards in place for the
protection of downstream property owners.
Alternate review process for smaller reservoirs
An alternative pemit application process is available to
persons interested in building small reservoirs storing less
than 9.2 acre-feet of water or in reservoirs with dams less
. than 10 feet in height.
This process involves an expedited review process and
requires Ihe Department to grant a pennit or deny the
application within six months. Fees for this Iype of permit
are generally lower than those required for other types of
penn its. For certain reservoirs or ponds filed under this
process, those which store less than 9.2 acre-feet and do
not have a secondary permit to use the stored water, a
CWRE survey is not required to receive a water right
certificate. Instead, permittees may submit information on
tlie dimensions, capacity, and location of such reservoirs
to the Department. If you have questions about which type
of application process is best for you, please call the
Department at (503) 986-0900 or contact your local
watennaster (see pages 44-45).
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4. OTHER WATER RIGHTS
authorizations/or water use
Rights Through Customary Use
If water was used prior to enactment of the 1909 water
code and has been used continuously since then, the
property owner may have a "vested" water right. Because
a water right is attached to the place of use, this is true
even if the ownership of the property has changed.
A claim to a vested water right can be determined and
made a matter of record only through a legal process
known as an "adjudication proceeding." The responsibility
of the Department in the adjudication process is to
gather information about the use of water and present its
findings to the circuit court in the county where the water
is used. The court then issues a decree which states who
has the right to use water, the amount and location of
water use and the priority date for each right. The Water
Resources Department then issues water right certificates
for each decreed right. The date of priority for a right
determined through an adjudication proceeding is usually
the date construction of the project began or the date
when water was first used on the property.
Adjudication proceedings have been completed for
most of the major stream systems in eastern and southern
Oregon and a. few of the larger tributaries to the
Willamelte River. Nearly 100 decrees have been issued on
individual streams in Oregon. Water right certificates have
been issued for most of the decreed rights. An adjudica-
tion proceeding is underway in the Klamath Basin which
involves private water users, the Bureau of Reclamation,
other federal agencies, and the Klamath Tribe.
Legislation passed in 1987 required persons claiming
pre-1909 rights in areas not yet adjudicated to file a
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For more
information,
refer to ORS
539.240.
For more
information,
refer to ORS
539.300.
For more
information,
refer to ORS
537.143 and
OAR 690-340-
030.
.
surface water registration statement before December 31,
1992. Failure to file this registration statement by the
deadline created the rebuttable presumption that the
person had no claim to a water right. These statements do
not automatically assure rights will be granted to those
who have filed. Each vested right will be determined
through the courts in an adjudication proceeding.
Adjudication proceedings are also used to deterinine
the water rights for federal reservations of land. This
includes Indian reservations and other federal reserve-
tions. Legislation passed in 1987, and amended in 1993,
allows the Director of the Department to act on behalf of
the state of Oregon to negotiate settlements for these
rights. These negotiations allow the Director to include
claimants, state and federal agencies, other water users
and public interest groups in discussions that resolve and
quantify the use of the water on these reservations.
Limited licenses
Oregon law also provides a method for obtaining
pennission to divert and use water for a short-term or
fixed duration. Under current law, certain types of uses
can be allowed using a "limited license" provided that
water is available and the proposed use will not injure
other water rights. These authorizations allow landowners
and developers to use water for purposes that do not
require a pennanent water right. A limited license may be
available as soon as three weeks after filing an application
with the Department.
Limited licenses are "junior" to all other uses and subject
to revocation at any time for any reaSon. There is no
guarantee thai water will be available.
Uses under a limited license may include but are not
limited to road construction, fire fighting, general con-
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struction. rangeland management. and emergency use
authorization. Uses of a longer duration may also qualifY
for limited licenses.
Generally, irrigation uses are not allowed under a limited
license. In some cases, however, a liinited license may be
used to establish a crop that will not require further
irrigation once established. In cases of severe drought. the
Department may issue limited licenses so landowners can
avoid irreparable crop damage by continuing the use of
water after the close of the irrigationseason. In addition, a
limited license may be used for irrigation purposes in
cases where the license is issued for use of stored water.
provided certain criteria are met.
The Department conducts a review of an application for
limited license to assess the proposed use, diversion, and
location for water availability and public interest concerns
such as threatened or endangered fish, water quality
limited streams or scenic waterways. The Department
provides an opportunity for the public to comment on a
proposed limited license. If the Department finds that
water is available and the proposed use will not impair the
public interest, a limited license is issued with terms and
conditions similar to those of a water use permit. The
license includes a condition that specifies when it expires.
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5. TRANSFERRING WATER RIGHTS
existing rights for new uses
Watermasters
use cable cars
to take stream
measurements
on rivers too
large or unsafe
to wade.
Gathering
streamflow in-
formation is an
important part
of the
Department's
commitment to
protect water
rights and
Oregon's water
resources.
The use of water under a water right is restricted to the
terms and conditions described in the water right
certificate: place of use, point of diversion, and type of
use. For example, if a water right holder establishes the
right to irrigate a particular 20-acre tract of land, the water
cannot be diverted from a different point or source, nor
can it be used to irrigate other land. It cannot be used for
any other purpose than the type of use spelled out in the
water right.
The water right holder must file a transfer application with
the Department to change a point of diversion, point of
appropriation, the type of use, the place of use, or any
combination of these. There are three types of transfers:
pennanent, temporary, and time-limited.
Permanent Tran.~fers
An application for a permanent transfer requires a map
prepared by a certified water right examiner (CWRE). The.
applicant must submit an application fonn describing the
current water right, the proposed change and provide
evidence of water use, land ownership or consent by the
landowner, and, in most cases, compliance with local land
use plans. The water may continue to be used in
accordance with the current water right until the transfer is
approved. Use of water under the original right and as
proposed in the transfer can not occur in the same year.
Use as proposed may only occur once the transfer order is
issued.
To approve a transfer application, the Department must
detennine that the proposed change will not injure other
water rights. The public is offered a chance to comment
and protest a proposed transfer if they believe an existing
water right would be injured. The Department, working
with the applicant, may attach conditions to an approval
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F or more
information.
refer.to ORS
540.510-
540.520.
For more
information,
refer to ORS
540.523.
.
order to eliminate potential injury to other water rights. If
conditional approval will not eliminate injury, the
appl ication is denied.
After the transfer is approved, the applicant must make the
change. In the case of a change in use or place of use, any
portion ofthe water right involved in the transfer that is
not changed is lost. Following completion of the change, a
CWRE must prepare a final proof map and site report to
be submitted with the applicant's claim of beneficial use.
The map and claim of beneficia I use describe the
completed change and the extent of the modified water
right. A new water right certificate will be issued to
confirm the modified water right..
Temporary Transfers
A water user may also temporarily change the place of use
of a water right to allow a right attached to one parcel of
land to be used on another parcel. A temporary transfer
may not exceed a period of five years. This type of
transfer is typically used for crop rotations or other
rotational uses of water. The application for a temporary
transfer is the same as the permanent transfer, however the
required map does not have to be prepared by a CWRE.
Except under limited circumstances, Oregon law does not
authorize a temporary change in the type of use of a water
right. A temporary point of diversion change may be made
if it is necessary to convey water for a temporary change
in place of use.
Other Transfers
J f a govemment action causes a change in surface water
levels that impairs the use of an authorized point of
diversion, a special transfer process is available to change
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WATER RIGHTS IN OREGON
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the point of diversion. This process is available for both
certificated water rights and permits.
If an individual (not a company; govemment body, or
other entity) has been using a diversion point for over ten
years that is not the authorized point of diversion, the
individual may request an abbreviated transfer process to
change the certificated point of diversion to the current
point of diversion. This change may only be made ifthere
have been no complaints about the alternate point of
diversion and if the change can take place without causing
injury to other water rights.
District Transj'ers
Irrigation districts and certain other districts which deliver
water may apply for a specific kind of transfer that allows
the district to make several transfers in a single annual
application. Districts may also take control and transfer
. unused water rights within the district after specific
notification to the landowner.
n-ansjers to Instreal1l Use
Water rights may also be transferred to instream uses,_
either permanently or temporarily. Temporary transfers to
instream use are accomplished by way of a time-limited
transfer or short-term lease agreement.
Instream transfers and leases must show that injury will
not occur and that a beneficial use.will be made of the
water, such as fishery habitat or flow augmentation to
improve water quality. Instream transfers and leases carry
the priority date of the original right. The water may not
be diverted by any junior user while it is an instream right
or .Iease.
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Time-Limited fnstream Tran~fers
The instream water right statutes allow for a transfer to
instream use for a specific period of time, at the end of
whicn the right automatically reverts back to its original
place and type of use. These transfers are generally used
for periods of time exceeding five years; otherwise the
instream leasing process is the preferred option.
Instream Leasing
The instream leasing program allows water right holders a
way to protect water rights that are currently unused while
also providing instream benefits. Leases go through an
expedited review process. The term of an instream use
lease cannot exceed five years, but it may be renewed.
Water rights for surface water use, storage, the use of
stored water, and water saved through the conserved water
program (see pages 38-39) may be leased instream.
6. CANCELLING WATER RIGHTS
loss oj'water rights through non-use
A water right remains valid as long as it is not cancelled
and beneficial use of the water is continued without a
lapse of five or more consecutive years. According to
Oregon law, except with municipal rights and in certain
other cases, if any portion of a water right is not used for
five or more consecutive years, that portion of the right is
presumed to have been forfeited and is subject to
. cancellation.
For example, if your water right is for irrigation of 40
acres and you irrigate only 20, the portion ofland not
irrigated for five consecutive years is subject to
cancellation. However, diverting less than the full amount
of water allowed under your right to irrigate the
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full 40 acres will not result in forfeiture, if you are ready,
willing and able to use the full amount If you have
reduced the capacity of your water delivery system, you
may lose any water not used beyond the capacity of your
system.
Once a water right has been unused for five consecutive
years or more, it is subject to cancellation even if the
property owner begins to use the water again. Under the
law, the right is presumed to be forfeited and reuse does
not reinstate the right This is true even if the current
owner did not own the property when use was
discontinued. Under certain conditions, however, such as
extreme drought and federal set-aside programs, non-use
may exceed five consecutive years without forfeiture of
the right
Cancellation of a forfeited water right is not automatic.
Cancellation requires a legal proceeding to determine
whether or not the period of non-use has occurred. If more
than ]5 years have passed since the period of non-use, the
water right is not subject to cancellation. A legal
proceeding is not necessary if the landowner voluntarily
authorizes cancellation.
Administrative proceedings to detennine the validity of a
water right may be initiated by the Department This
usually happens when individuals with firsthand
knowledge of non-use come forward and provide sworn
affidavits asserting non-use.
~
Once a water right is cancelled, a landowner must first
apply for and obtain a new water right penn it before using
the water. A new application for a water right permit is
subject to current laws and rules.
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7. CONSERVATION
, eni::ouraging efficient water use
The Department encourages the efficient use of water and
practices that conserve water resources.
Oregon law currently requires that all water that is
diverted by water right holders be used beneficially and
without waste. This means that a right holder is required'
by law to use only the amount necessary for the intended
purpose and no more, up to the limits of the water right.
Allocation afConserved H'171er
With improving technology and distribution methods,
water users are now able to do the same work with much
less water than was required in the past. However, the'
water saved by improved technology and etTicient
practices Calmot automatically be put to uses beyond those
specified in a water right. For example, if the installation
of an improved irrigation system reduces water use from
six acre-feet per year to only two-acre feet per year, the
four acre- feet that is saved cannot be used on other lands
or for other purposes under the existing water right.
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WATER RIGHTS IN OREGON
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State law does allow a water right holder to submit a
conserved water application to the Department and
receive authorization to use a portion of the conserved
water on additional lands, apply the water to new uses, or
dedicate the water to instream use. The percentage of
saved water that may be appl ied to new uses or lands
depends on the amount of state or federal funding c'ontri-
buted to the conservation project. The law requires that
the remaining percentage of the saved water be returned to
the stream for improving instream llows, ifneeded. The
original water right is reissued to rellect the quantity of
water being used with the improved technology and the
priority date stays the same. Another water right certifi-
cate is issued for the new use with either the same priority
date or a priority date of one minute after the original
water right. This process gives a water right holder the
option of extending the use of their right without applying
for a new permit or transferring an existing permit.
Wiuer Management
and Conservation Planning
Some agricultural and niunicipal water suppliers are
required to prepare water management and conservation
plans. Development of the plans involves a step-by-step
evaluation of the water supply alternatives available to the
supplier and an evaluation of the role that water conserva-
tion can have in meeting the supplier's water needs. In
addition, the assessments of conservation measures
required for the plans helps to ensure that the supplier's
use is not wasteful. Department staff provide workshops
and other technical assistance to water suppliers preparing
water management and conservation plans.
WATER RIGHTS IN OREGON
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8. FINDING WATER Rlmns
determining if you have a wafer right
Headgales con-
trol the flow of
water through
ditches and ca-
nals that serve
water users
throughout Or-
egon. As new
water rights are
more difficult
to obtain-due
to lack of water
availability in
many Oregon
streams-water
will be gained
by transferring
older, existing
rights.
All legally established water rights, whether they are
under penn its, undetermined claims through ground water
registration or vested right statements, or certificated .
rights, are on record in the Salem office of the Water
Resources Department. Records of water rights are also
maintained in the local watennasters' offices. Contact the
. Department or your watermaster to determine ifthere are
water rights of record for property you own or want to
purchase. You may need to pay a fee if you want the
Department to research and copy water right files. Please
contact the Department to obtain a current fee schedule or
look on the web at www.wrd.slale.or.us.
You will need to provide a copy of the legal description or
a current county assessor's tax lot map of the property. If
the property lies within a platted and recorded subdivision,
a copy of the recorded plat should accompany the legal
description. Any maps submitted need to include the
township, range and section of the property involved and
have a reference comer such as a section corner.
You might also find the Department's online interactive
mapping utility to be helpful in locating water rights. It
can be found at www.wrd.slale.or.us.
Keep in mind that while the Department or waterrnaster
can tell you if there is a :"ater right on file for your tract of
land, they cannot guarantee that the water has been used
continuously and that the right is_not subject to
cancellation. If you intend to purchase property with a
water right of record, it is a good idea to check with
neighbors of the property owner to see whether the water
right went unused for five consecutive years over the last
15 years.
WATER RIGHTS IN OREGON
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9. WATER DISTRIBUTION
AND ENFORCEMENT
watermasters andfield
st(d/protecting rights and resources
In order to protect the rights of water users, and to ensure
that water laws are obeyed, personnel from the Water
Resources Department, in cooperation with land owners,
inspect wells and water diversion systems. Inspections are
usually conducted by watennasters and well inspectors
who are employees of the Department. Inspections are,
also made by the Department's hydrogeologists.
Watennasters respond to complaints from water users and
detennine in times of water shortage, which generally
occur every year, who has the right to use water. Each
summer as stream flows drop, they regulate junior users to
provide water to more senior users. On some streams, by
the end of summer, there is only enough water to supply
users who established their rights in the late 1800s. All of
the more recently established rights will have been
regulated off by the watennaster. Watennasters work with
all of the water users on a given water system to ensure
that the users voluntarily comply with the needs of more
senior users. Occasionally, watermasters take more formal
actions to obtain the compliance of unlawful water users
or those who are engaged in practices which "waste"
water. The waste of water means the continued diversion
of more water than is needed to satisry the specific
beneficial use for which the right was granted.
Watennasters and field staff also provide general
infonnation to the public, oversee enforcement of in stream
. water rights, inspect wells and dams for safety violations,
and measure and monitor stream flows for management
and planning needs.
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10. REGION OFFICES
AND \VATERMASTER DISTRICTS
Region Managers
NORTHWEST
Dan .Jarrett
725 Summer St NE~ SIcA
Salem; OR 9730 I
Yhone: (503)986-0892
, Fax: (503) 986-0903
NORTH CENTRAL
. Michael Ladd
'116 SEDorion Ave
Pendleton, OR 9780 I
Phone: (541) 278,-5456
Fax: (,5~ I) 278-0287
EASTERN
.lcrQ' Rodgers
: Baker County Courthouse
; 1995 3rd St, Stel80
: Baker City. OR 978 I 4':
. Phone: (54 I) 523-8224 x24
,Fax: (541n23-7866 '
i'
SOUTH CENTRAL
] Kyle Gorman, ,":
::1340NW Wall SCSte l00~ '
iBend, OR 9770 I .;
i Phone: (541) 388-6669,
: Fax: (541) 388-5101 .
""
i ':
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,
SOUTHWEST
, Bruce Sund, Asst Region Mgr.
:942 SW 6th SI. Ste E'
Grants Pass, OR 97526
: Phone: (541) 471 '2886 x222
Fax: (541 )471-2876
Watermasters by District
DISTRICT 1
, Greg 8eaman
4000 l3limp Illvd
. Tillamook. OR 97141
Phone: (503) 842-2413 xl19
. Fax: (503) 842-3680
,
; DISTRICT2
J\1ichacl Mattick
. Ceolfa! Lane llLlitice Court
220 N 5th St
Springfield, OR 97477
Phone: (541) 682-3620
'Fax: (541) 746-1861
. DISTRICT 3
. Robert Wood
. 421 E 7th St
Courthouse Annex B. Rm 218
The Dalles. OR 97058
Phone: (541) 506-2650
Fax: (541)506-2651
,DISTRICT 4
, Kelly Rise
. 20 I S Humbolt SI. Ste 180
, Canyon City, OR 97820
Phone: (541) 575-0119
Fax: (541) 575-2248
DISTRICT 5
; Tony Justus
, 116 SE Dorion Ave
Pendleton. OR 97801
Phone: (541)278-5456
Fax: (541)278-0287
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WATER RIGHTS IN OREGON
DISTRICT 6
Shad Hattan
10507 N McAlister Rd #6
La Grande. OR 97850
Phone: (541) 963- I 031
Fax: (541) 963-9637
DISTRICT 8
Rick Lusk
Baker County Courthouse
1995 3rd SI. Stc 180
Baker City. OR 97814
Phone: (54 I) 523-8224 x31
Fax: (541) 523-7866
DISTRICT 9
Ron .Jacobs
Malhcur County Courthouse #4
251 B Street West
Vale. OR 97918
Phone: (541) 473-5130
Fax: (54 I) 473-5522
DlSTRlCT 10
.June Miller
Harney County Courthouse
450 N Buena Vista
Bums. OR 97720
Phone: (541) 573~2591
Fax: (541) 573-8387
DISTRICT 11
Jeremy Giffin
1340 NW Wall SI. Ste 100
Bend. OR 9770 I
Phone: (541) 388-6669
Fax: (541) 388-5101
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DISTRICT 12
David Poe
5 I 3 Center St
Lakeview. OR 97630
Phone: (541) 947-6038
Fax: (54 I) 947-6063
DISTRICT \3
Larry Menteer
Jackson County Courthouse
10 S Oakdale. Rm 106
Medford. OR 9750 I
Phone: (541) 774-6880
Fa" (541) 774-6187
DISTRICT 14
Bruce Sund
942 SW 6th Sl. Sle E
Grants Pass. OR 97526
Phone: (54 I) 471-2886 x222
Fax: (54 I) 471-2876
DISTRICT 15
()al'C "'illiams
Dougla<; County Courthouse
1036 SE Douglas. Rm 306
Roseburg, OR 97470
Phone: (54 I) 440-4255
Fax: (541) 440-6264
DISTRlCT 16
Bill Ferber
725 Summer S1 NE. Ste A
Salem, OR 97301
Phone: (503) 986-0893
Fa" (503) 986-0903
DtSTRICT 17
Vacant
5170 Summers Lane
Klamath Falls. OR 97603
Phone: (541) 883-4182 x223
Fa" (541) 885-3324
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(
9 ,.J
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A -',
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DISTRICT 18
Darrellllcdin
1400 SW Walnut St. Ste 240
Hillsboro, OR 97123
Phone: (503) 846-7780
Fax: (503) 846-7785
DISTRICT 19
Mitch Lewis
Coos Co. Courthouse Annex
290 N Central St
Coquille, OR 97423
Phone: (541) 396-3121 x254
Fa" (541) 396-6233
DISTRlCT 20
Mike McCord
1678 S Beavercreek Rd
Oregon City, OR 97045
Phone: (503) 722-1410
Fa" (503) 722-5926
DISTRICT 2 I
Vern Church .
221 S Oregon St
PO Box 427
Condon. OR 97823
Phone: (54 I) 384-4207
Fax: (541)384-2167
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11. FEES
.
The Department does require a fee for most water use
transactions and some administrative services. For
information regarding specific fees, please contact the
Department's Customer Service Representatives at
(503) 986-0900 or call your local watermaster. An
explanation and schedule offees can also be found on the
Department's website at www.wrd.sfafe.or.us.
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ApPENDIX A
other development permits
Developing a water right often entails grading, trenching
or other types of construction in waterways, riparian areas
and wetlands, In addition to a water use permit, other
permits from local, state or federal agencies may be
required, Check first with your local city or county
planning office.
Activities in TVetlands cmd Wrlterways are
Regulated by:
. The Department o[State Lands (DSL) under the state
Removal-Fill Law (503) 378-3805
. The U.S. Army Corps [)f Engineers (Corps) under the
federal Clean Water Act and Rivers and Harbors Act.
(503) 808-4373
..
The Oregon Department of Forestry under the Forest
Practices Act (503) 945-7470
Tlie U.s. Natural Resource Conservation Service
(NRCS) under the Food, Agriculture, Conservation
and Trade Act--check government listings
Some city and county land use ordinances
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What A rem are Regulated?
. Rivers, streams and most creeks
. Estuaries and tidal marshes
. Lakes and some ponds
. Penn anent and seasonal wetlands
Regulations apply to all lands, public or private. A
wetland does not have to be mapped by the state or
otherwise "designated" to fall under the regulations. If you
are uncertain if there are regulated wetlands on your
property, contact DSL for assistance.
WATER RIGHTS IN OREGON
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What Activities are Regulated?
. Placement of fill material
. Alteration of stream bank or stream course
. Ditching and draining
. Plowingidisking non-farmed wetlands
. Excavation or dredging of material
. In-water construction (may also require a DSL lease)
. For some activities, joint application fonns can be
obtained from DSL or the Corps
What Activities are E>:empt?
. Some routine maintenance activities
. Established, ongoing agricultural activities and
grazing
. Some minor projects involving small amounts offill
or removal
Huw are Laws Enfi)rced?
The best enforcement is to prevent illegal wetland
alterations through infonnation and education. However,
when violations do occur, a variety of enforcement tools
may be used, including restoration orders, fines, civil and/
or criminal charges.
Contact your local city or county planning office, DSL or
the Corps for details and clearance to proceed with your
project and to detennine if you are impacting an area that
is regulated.
To receive a free copy of Natural Resource Agencies:
Permit and License DireclOlY, contact the Oregon
Economic Development Department at: (503) 986-0 I 66.
WATER RIGHTS IN OREGON
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Oregon's Major River Basins
UMATILLA
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Oregon has 18 designated river basins that are managed
by the Department under the guidance of the Commission.
Oregon also shares three basins with neighboring states- .
the Columbia, Snake, and Klamath Rivers. A river basin
generally includes all the land area, surface water bodies,
aquifers and tributary streams that drain into the namesake
fiver.
WATER RIGHTS IN OREGON
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State of Oregon
Water Resources Department
725 Summer St NE, Suite A
Salem, OR 97301-1271
(503) 986-0900
www.wrd.state.or.us
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