1. What is a water right?

Oregon law requires a water right for almost all uses of surface water or groundwater. A water right is the permit, certificate, or other form of authorization given by the state to allow use of the water.

2. What is a water right permit?

Water rights are issued in two stages: a permit and a final certificate. A water right permit is the preliminary authorization to construct water diversion facilities and begin using water. Generally, a permit is issued for up to 5 years. After that time, the permit holder is expected to submit evidence that the water use has been fully developed and is ready for a final certificate. Under limited circumstances, a permit may be extended for the amount of time needed to complete construction of the water diversion system and to actually begin using water.

3. What is a water right certificate?

A water right certificate is evidence that a water use has been fully developed and approved by the state. Once issued, the certificate becomes a property right and can last forever. The only way a water right can be cancelled is upon a finding by the state that the water right has not been used for 5 or more years. In that event, the water right could be subject to forfeiture and cancellation.

4. How can I get a water right?

You can apply for a new water right or arrange for the transfer of an existing water right held by someone else. To obtain a new water right, you must submit an application to the Oregon Water Resources Department (OWRD). The application includes information such as the amount of water requested, the source of water, and the proposed type of use. The application will be reviewed to determine whether there is water available from the requested source, and whether the use meets other criteria. For surface water applications, special attention is paid to whether the new use will be detrimental to fish and aquatic resources. For groundwater, the application is reviewed to determine whether the use of groundwater will have an adverse effect on nearby surface water sources.

Another way to obtain a water right is to request the transfer of an existing water right held by someone else. A transfer is the administrative process allowing a change in the place of use, type of use, or point of diversion of an existing water right.

5. What is the significance of a "priority date"?

All water rights have a priority date. This is a key attribute of a water right. In times of shortage, such as drought, if there is not enough water to meet the needs of all the people who hold water rights on any given source of water, the water is distributed on the basis of the priority date. The most senior priority date receives all of the water to which it is entitled before the next water right is served. The system is based on the principle of "first come, first served" or "prior appropriation."

6. What constitutes "forfeiture" of a water right?

A fully vested water right (evidenced by a certificate or decree) remains valid forever, as long as it continues to be used on a regular basis. However, after 5 or more years of non-use, the water right is presumed to be subject to "forfeiture." This means the state can initiate an administrative proceeding to cancel the water right.

7. What is a permit "amendment"?

This term refers to a process for changing certain terms of a water right permit. Only limited changes are allowed at this stage, including a change in the location of use from the specific land identified in the permit, to other land that is owned or controlled by the permit holder and adjacent to the land originally authorized.

8. What is "mitigation"?

This term relates to a new requirement for obtaining mitigation credits prior to obtaining water rights for the use of groundwater in the Deschutes Basin. Groundwater is the only source of water available for new water rights in this part of Central Oregon. However, as a result of a recently completed hydrogeological study, the OWRD has determined that, in most cases, pumping groundwater will reduce surface water flows in the Deschutes River. To protect the surface water flows, the OWRD requires applicants for new groundwater rights to mitigate for the potential impacts to surface water by replacing a specified amount of surface water. The replacement water, or "mitigation," can be provided by purchasing mitigation credits, arranging for the transfer of an existing water right to instream flow purposes, or employing conservation measures to reduce the amount of water used under an existing right. More information about the program is available at http://www.deschutesrc.org