Interpreting Water Rights How to read Washington & Oregon Water Rights

“All the surface and ground water Washington Water Washington’s water resources are managed by the Washington State Department of Ecology “All the surface and ground water of the state…”

“All the surface and ground water Oregon Water Oregon’s water resources are managed by the Oregon Water Resources Department “All the surface and ground water of the state…”

The Water Code (Basic elements) 1) Beneficial use without waste water for personal or public good 2) Priority first in time, first in right 3) Appurtenancy attached to the land 4) Must be used at least once every five years codifying the doctrine of “prior appropriation”

Beneficial Use “The measure and the limit” Water Code: Beneficial Use Priority Appurtenancy Must be used Irrigation promoting plant growth Industrial manufacturing, etc. Domestic drinking water Municipal cities Instream flows stream/riparian enhancement major categories of use

“first in time, first in right” Priority Water Code: Beneficial Use Priority Appurtenancy Must be used Junior water rights are regulated to meet the entitlement of senior water rights. prior appropriation: “first in time, first in right”

attached to specific acres of land Appurtenancy If land is sold, the water right stays with the land – not with the previous owner. Water Code: Beneficial Use Priority Appurtenancy Must be used attached to specific acres of land

Must be used Water Code: May not go unused for five consecutive years Beneficial Use Priority Appurtenancy Must be used May not go unused for five consecutive years subject to cancellation Terms and conditions limited to rate, duty, times and conditions of water right

10 elements of a water right: Source of water Ground water or surface water Name of owner Does not have to be current owner Type of use The “beneficial use” of the water Rate The instantaneous flow Seasons of use When water can be used Acres Irrigatable acres Duty Annual quantity Priority date Date of priority Point of diversion Where water is diverted Place of use Can be larger than irrigatable acres Water right information

Source of water Source of water Groundwater Surface water Basalt, Gravel Streams, Rivers, Lakes Source of water

Name of owner “Appurtenancy” Does not have to have the current owner listed Many times name listed is original applicant Appurtenancy covers current owner “Appurtenancy”

Irrigation, Domestic, Municipal, Livestock, etc.. Type of use Purpose of the right Must be used beneficially Irrigation beneficial use equals the crop consumptive use divided by the efficiency of the irrigation system Irrigation, Domestic, Municipal, Livestock, etc..

gallons per minute, cubic feet per second Rate Instantaneous quantity(s) Can change with season of use Measured in cubic feet per second. 1 ft3/sec = 448.8 gal/min gallons per minute, cubic feet per second

Water right document information Season of use Spring Summer Winter Can be a combination of any or all of the seasons Instantaneous flows can vary per season Water right document information

Acres Number of acres which are irrigatable under the water right Can be smaller than the place of use Acres

Duty Measured in acre-feet Annual quantity Measured in acre-feet/acre 1ac-ft = 325,851gal 1ac-in = 27,152 gal 1ft3/sec = 1.98ac-ft/day Measured in acre-feet

Establishes seniority Priority Date Year right was established Enables “first in time, first in right” regulation Establishes seniority

Legal description ¼, ¼ section Point of Diversion Where water is diverted Legal description ¼ , ¼ section (WA) Meets and bounds (OR) Legal description ¼, ¼ section

Legal description of land Place of use Can be larger than the irrigatable acres Legal description Legal description of land

Metering, Screening, Etc… Other Conditions Metering, Screening, Etc…