Water Rights Process Q&A

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Sep 18, 2015/ 0 Comments / in East Valley Water District Information, Permitting Updates, Project Details, Project Updates / by

East Valley Water District applied for a storage water right on Drift Creek in September 2013. The application was made to store up to 12000 acre feet of water.The Oregon Water Resources Department issued an Initial Review in October 2013 and a Proposed Final Order in July 2014 proposing to allow the storage of water from November 1 – April 30 of each year. This article will explain water law regarding more senior water rights on Drift Creek, the water rights process, and next steps for East Valley Water District’s water right application.

Q: I have a water right on Drift Creek, what will happen to my water?

A: In Oregon, all water is publicly owned. With a few minor exceptions, all users need a water right to be able to use ground or surface water. Oregon’s water laws are based on the principle of “prior appropriation” meaning that the first person to obtain a water right on a source of water will be the last to be shut off in a time of low water. In other words, if you obtained your water right before East Valley Water District you have a more senior water right; thus your water right will not be impacted regardless if you are upstream or downstream from the proposed project. (ORS 537.120) This is commonly referred to as the “first in time, first in right” law.

The Oregon Water Resources Department published the Aqua Book in 2013 that details this issue in pages 5-7. [Click here to refer to the Aqua Book]

Q: My house is downstream of the proposed project. When the project is storing water, will it dry up the stream?

A: Absolutely not. Not only are there laws protecting instream flows and minimum flows (52039 (8)); there are also more senior water rights that must be fulfilled – the District does not have any intention nor the capacity to store all the water in the creek November through April.

In the summer (May 1 – October 31), the District does not have the water right to store any water. Any water coming into the reservoir must be passed through downstream. This is especially important because the creek typically has very low flows during the summer. This would be a condition of the District’s water right (PFO – Page 3- 4) as well as an Oregon State Law.

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Water Rights Process (Graphic from the Oregon Water Resources Department)

Q: What is the process to receive a water right?

A: Water rights are obtained in a three-step process. First, the applicant will submit an application. The application includes several details regarding the water needs, project purpose, land use information and preliminary project plans. The Oregon Water Resources Department will then review that application and release an Initial Review.

The Initial Review determines if water is available during the time requested in the application and whether it will impact other water right holders or public resources. A public notice is sent out following the Initial Review. View East Valley Water District’s Initial Review Here. 

From the Initial Review, the Department can issue a Proposed Final Order or PFO. The PFO explains the department’s findings and whether it plans to approve or deny the permit. View East Valley Water District’s PFO here. 

The final step of the process is to receive a final order and permit. After the final order and permit is received the applicant can start the process of construction. However, before construction starts the applicant must fulfill all other permitting and statutory requirements.

Q: Where is East Valley Water District in the water right process?

East Valley Water District submitted their application on September 24, 2013. An Initial Review was released on October 18, 2013. The Proposed Final Order was issued on July 22, 2014. Within the next year, the Department will evaluate input on the Proposed Final Order and continue its administrative review processes.

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