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Water Rights Update Rural Development

Water Rights Update Rural Development. Martha O. Pagel Schwabe Williamson & Wyatt. Water Law Basics Hot Topics. Measure 37 Destination Resorts Legislative Session. 2. Key Principles of Water Law. All water owned by the public Two “sources” – Surface and Ground Water

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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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