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Water Rights Update Rural Development

This comprehensive guide offers insights into water rights and law, crucial for anyone involved in rural development. It covers essential principles, including public ownership of water, the distinction between surface and ground water, and the requirements for water rights acquisition. A focus on exempt uses, real estate transactions, and management strategies highlights the complexities of water supply in rural settings. Additionally, updates on current legislative measures and planning management emphasize the importance of adequate water supply for sustainable development.

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Water Rights Update Rural Development

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  1. Water Rights UpdateRural Development Martha O. Pagel Schwabe Williamson & Wyatt

  2. Water Law BasicsHot Topics • Measure 37 • Destination Resorts • Legislative Session 2

  3. Key Principles of Water Law • All water owned by the public • Two “sources” – Surface and Ground Water • Water rights required for almost all uses • Prior Appropriation vs. Riparian Rights

  4. Types of Water Rights/Authorization • Pre-1909 Surface Water Rights • Pre-1955 Ground Water Registrations • Permits and Certificates • Exempt Uses • Limited Licenses • Transfers

  5. Exempt Ground Water Uses • Key Exemptions – ORS 537.545(1) • Domestic/Group Domestic – 15,000 gpd • Lawn & Garden Irrigation – Up to ½ acre • Commercial/Industrial – 5,000 gpd • Exempt Uses are “Water Rights” – ORS 537.545(2)

  6. Real Estate Transactions – Due Diligence • Seller’s Interests • Water rights “audit” – What does the seller have? • Can/Should the water rights be sold separately?

  7. Due Diligence – Buyer’s Interests • Are there “paper” water rights? • Are the rights valid and not subject to forfeiture? • Is there enough “real” water?

  8. Water Supply and Management – State Policy and Programs • Basin Plans – “Zoning” for Water • Special Management Areas • Critical Ground Water Area • Ground Water Limited Area • Stream Withdrawals • Defacto Withdrawal – water availability

  9. Water Supply and Management – Local Authority • Ashland Drilling v. Jackson County, 168 Or App 624 • Current Models – Future Options

  10. Hot Topics • Measure 37 and HB 3540 • Destination Resorts • 2007 Legislative Session

  11. Measure 37 • Water or Land Use Regulation? • Water or Land Use Problem? • Round Two: HB 3540

  12. Destination Resorts • Rural Communities – “Quasi-Municipal” Use • Demonstrating Adequate Water Supply • Deference or Delegation?

  13. 2007 Legislative Session • What’s New in Water Law? • What’s Not New? • Measuring and Reporting • Restrictions on Exempt Ground Water Use

  14. Conclusions – What’s Next • More Active Planning/Management of Ground Water • More Information/Studies – State and Local Requirements on Developers • More Action in Water Marketing

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