| Agency Overview: Law and Policy |
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Water rights
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Almost all uses of surface and ground water require a "water right" from the Water Resources Department which establishes the amount and use of water at a given location. Water rights are permanent and are attached to the land where the use was approved, unless they are formally transferred to other land, abandoned or forfeited through non-use. Since 1909, the state has issued about 80,000 water rights. |
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"First in time, first in right"
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The priority date of a water right is the date it was established and determines who will get water first in times of low flow. It is much like having a "place in line." The older the priority date (the closer you are to the front of the line) the more likely the water will be available during times of less supply. Water Law |
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Public interest
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The Department reviews applications for water use and determines if water is available for new uses and decides if the proposed uses would be in the public interest. In some areas, rivers, streams, and aquifers are so depleted by water diversions that no further water rights can reasonably be granted. Water Rights Public Notice |
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Instream rights
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In 1987, the Department began to issue water rights for the protection of fish and wildlife, water quality, and recreation. Like their out-of-stream counterparts, these "instream" water rights have priority dates and are regulated to meet the needs of senior rights. The only major difference is that the water is left instream for beneficial use. |
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Under Oregon law, in order to take and use surface and ground water, a person must first obtain a water right from the Water Resources Department. This allows the state to manage a vital resource and protect it for current and future needs. State laws and policies help prevent injury to existing economies (middle/bottom) and meet our growing water demands while protecting instream needs (top/bottom) and serving our growing population.
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Oregon´s Water What We Do Study the Resource Law and Policy Manage Resources Services and Offices Providing Information
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