On February 13, 2014, Oregon Governor John Kitzhaber declared a drought emergency for four southeastern counties (Klamath, Lake, Harney, and Malheur) in Oregon Executive Order No. 14-01. “The unusual act of declaring a drought emergency in the middle of February is an indication of how severe the conditions are in southern Oregon and of the hardships being faced by communities throughout the region,” said Senator Wyden. The press release and Executive Order are available at: http://www.oregon.gov/owrd/pages/wr/drought.aspx.
The drought declaration increases flexibility for how water is managed in the counties where a drought has been declared. Water right holders who are unable to use water due to drought conditions may apply to the Oregon Water Resources Department (“OWRD”) for an Emergency Use Permit for temporary use from an alternative water source. Another option is a Temporary Drought Transfer, which allows a person who is unable to use water appurtenant to a certain parcel of property due to drought conditions to temporarily transfer a different permit, certificate, decreed right, or claim to the land needing the water without going through the normal notice and waiting requirements for a standard transfer. Finally, local governments and public corporations may enter into options or agreements to use water under an existing permit, certificate, or decreed water use right, allowing the entity to use the water at points of diversion and for beneficial uses other than those described in the water use right, provided OWRD approves the option or agreement.
Schroeder Law Offices has successfully worked with clients in obtaining water use through the drought mechanisms when droughts are declared. We recommend contacting Schroeder Law Offices early if you need, or might need assistance with a drought application.
