Water and Irrigation
We represent landowners and the holders of water rights in disputes with the Oregon Water Resources Department or others over the use of water.
Before a purchase, a lease or a change in use, we review the water right certificates and the adjudication decrees to confirm what right exists: its source, point of diversion, place of use, rate, season and priority date. We work with certified water rights examiners to prepare applications to the Oregon Water Resources Department, including transfers of the point of diversion, the place of use or the type of use. We advise on whether a right is at risk of forfeiture for nonuse, and we write the documents for the purchase, sale and lease of water rights.
We also represent owners in disputes with irrigation districts over delivery and assessments, and in disputes with neighbors over ditches and the easements they run in.
Services we provide
- Water right review for purchases and leases
- Applications and transfers, with certified water rights examiners
- Disputes with the Oregon Water Resources Department
- Forfeiture questions
- Irrigation district disputes
- Ditch easements
Statutes and rules
- ORS 537.110, Public ownership of watersall water within the state, from every source, belongs to the public; a water right is the right to use it.
- ORS chapter 537, Appropriation of Water Generallythe 1909 code, permits and certificates, and the uses that need no permit, such as stock water and a domestic well (ORS 537.545).
- ORS chapter 540, Distribution of Water; Watermasters; Change in Use, Transfer or Forfeiture of Water Rightsdistribution by priority, transfers (ORS 540.510 and following) and forfeiture after five years of nonuse (ORS 540.610).
- ORS chapter 539, Determination of Water Rights Initiated Before February 24, 1909the adjudication of pre-1909 rights.
- ORS chapter 545, Irrigation Districtsdistrict assessments, delivery, and the district's power over its works.
Resources
- Oregon Water Resources Departmentthe water right records, the transfer and permit forms, and the watermaster for each district.