{"id":2362,"date":"2018-12-05T09:42:07","date_gmt":"2018-12-05T17:42:07","guid":{"rendered":"https:\/\/www.oregonwater.us\/?page_id=2362"},"modified":"2020-11-04T12:39:03","modified_gmt":"2020-11-04T20:39:03","slug":"faq","status":"publish","type":"page","link":"https:\/\/www.oregonwater.us\/faq\/","title":{"rendered":"FAQ"},"content":{"rendered":"

Frequently Asked Questions About Our Services and
\nOregon Water Right Regulations<\/h2>\n

general<\/h3>
Buying Water Rights \/ Selling Water Rights \/ Mitigation \u2013 I\u2019m not exactly sure what all this means or what I should do next. Can you help me?<\/div>

Sure. Call John Short at Water Right Services, LLC. He happily provides information you need to understand water rights and mitigation. If you need to buy or sell water rights, Water Right Services, LLC can either act as a water right broker or buy\/sell the water rights or mitigation directly.<\/p>\n<\/div><\/div>

Do I need a water right attorney?<\/div>

Maybe. Specialists such as Water Right Services, LLC typically prepare and complete many more water right applications, Transfers, Beneficial Use Claims, Limited Licenses, etc than attorneys. Generally, a specialist\u2019s experience avoids pitfalls, is faster, and costs less. Water right attorneys excel at resolving disputes between different parties including Oregon\u2019s Water Resources Department, water users, neighbors, environmental interests and others.<\/p>\n<\/div><\/div>

Can I invest in Oregon water rights?<\/div>

Yes, but unless you intend to use the water for its authorized use, owning something like groundwater mitigation credits required for any Deschutes Basin groundwater right makes more sense.<\/p>\n<\/div><\/div>

Can I still get Oregon water rights?<\/div>

Yes, but\u2026 in a few areas with either plentiful water or low demand, Oregon still issues water rights to those applying. However, in most areas, Oregon no longer issues new water rights. In these areas, it is typically an issue of money to purchase existing water rights that will work on your property for your application.<\/p>\n<\/div><\/div>

Can Oregon water rights be bought and sold?<\/div>

Yes, but generally not easily. Irrigation districts often have bulletin boards of buyers and sellers along each delivery canal. Areas around Central Oregon enjoy groundwater mitigation credits for use of well water in most areas. Water users regularly buy or lease mitigation credits.<\/p>\n<\/div><\/div>

Do water rights go with the land during sales?<\/div>

Almost always. Unless expressly reserved unto the seller in the deed, water rights go with the land to any new owners. Owning water rights without the land is a deeper discussion.<\/p>\n<\/div><\/div>

How are water rights policed?<\/div>

Currently, Oregon monitors water use through both mapped water rights overlaid on Google Earth type imagery and through metering. Policing includes regulating the source off, fines, and even includes jail time.<\/p>\n<\/div><\/div>

How does Water Right Services, LLC charge?<\/div>

We charge by the project. Generally, we do not charge hourly for discussing water right strategies or due diligence. Please call for quotes for our many services and water right portfolio management.<\/p>\n<\/div><\/div>

How long do water rights take to acquire?<\/div>

Most water right actions involve many steps including public comment periods. Initial steps often indicate success or issues of concern. Full approval generally takes 1-5 years depending on what all is being changed. Sometimes short-term solutions exist for immediate, interim, legal water use.<\/p>\n<\/div><\/div>

How much do water rights cost?<\/div>

It totally depends on the aquifer or source, year of priority, conditions, season, etc. Even recently, some solid water rights with low demand can\u2019t be given away. Other nearby sales have exceeded $50,000 an acre (roughly a million gallons annually).<\/p>\n<\/div><\/div>

I filled out the applications, provided the maps, paid the fees, and did everything else I was supposed to do but I still just have a permit, not a certificate. What gives?<\/div>

Don\u2019t worry. If done everything correctly, your water right remains valid as a Permit even after its expiration date. OWRD’s current five year backlog means you may not see actual newly issued certificate for quite some time. OWRD can expedite some processes at additional cost. Feel free to give Water Right Services, LLC a call if you have these type concerns to discuss.<\/p>\n<\/div><\/div>

What is \u201cuse it or lose it\u201d?<\/div>

Generally, Oregon water rights must be used for their Beneficial Use at least once every five years or risk cancellation.<\/p>\n<\/div><\/div>

I need a water rights transfer in an Oregon irrigation district, what do I do?<\/div>

If the water rights in question are part of an Oregon irrigation district, call the district in question. Irrigation districts typically do their own transfers and post a bulletin board of rights wanted and for sale.<\/p>\n

For help with surface water rights where transfers are not done by a district and groundwater applications and transfers, call Water Right Services, LLC at\u00a0541-389-2837<\/a>.<\/p>\n<\/div><\/div>

What is a \u201cClaim of Beneficial Use\u201d and how do I get one?<\/div>

Water Right Services, LLC completes Claims of Beneficial Use for water right Permits or Transfers. Deadlines apply. PLEASE don’t wait until the last minute as failure to meet some conditions constitutes a fatal flaw resulting in water right cancellation!<\/p>\n<\/div><\/div>

Do water rights actually get cancelled?<\/div>

YES! Oregon cancels multiple water rights each year. Unfortunately, with such long timelines, people forget deadlines, ownership changes, spouses die, etc. I sadly watched a medium size city loose a water right equal to its annual water use because they didn\u2019t realize the water right came with land they acquired. I also see OWRD cancel water rights for not drilling wells soon enough or simply drilling in other than authorized locations.<\/p>\n<\/div><\/div>

When do I need a water right?<\/div>

If you intend to use any surface water (from a stream, river or creek) or well water for more than domestic use and up to 1\/2 acre of lawn or non-commercial garden.<\/p>\n<\/div><\/div>\n