1. Interpreting Water Rights
How to read
Washington & Oregon Water Rights

2. “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…”

3. “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…”

4. 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”

5. 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

6. “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”

7. 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

8. 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

9. 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

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

11. 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”

12. 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..

13. 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 = gal/min
gallons per minute, cubic feet per second

14. 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

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

16. 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

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

18. 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

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

20. Metering, Screening, Etc…
Other Conditions
Metering, Screening, Etc…