March 7, 2013 marked the end of the administrative phase of the Klamath Basin Adjudication. On that date, the Oregon Water Resources Department issued its Findings of Fact and Order of Determination, adjudicating all pre-1909 surface water claims in the Klamath Basin. Claims that were affirmed in the administrative phase are now enforceable, unless a stay of the Order of Determination is granted.
Although the Klamath Basin Adjudication is not complete –the Klamath County Circuit Court will hear exceptions to the administrative decision and appeals from the court’s decision are expected–pre-1909 water users are already calling for water to ensure enough water for the following purposes: the Klamath Tribes made a call for instream water to support native fish; the U.S. Bureau of Reclamation made a call for water to supply the Klamath Project; and the U.S. Fish and Wildlife Service made a call for wildlife refuges.
The Associated Press reports that watermasters are currently going ranch to ranch along the Sprague River and its tributaries to shut off water users in order to satisfy recently adjudicated pre-1909 water rights. It is expected that similar shut offs will follow on the Wood and Williamson Rivers. The referenced Associated Press articles may be found at the Oregon Live Site here and here. (Last visited June 13, 2013)
A “call” on water means that water users with later-in-time priority dates may have to stop using water to ensure the senior (pre-1909) water uses are satisfied. To be a final order that can be challenged, a “call” must be made by the Oregon Water Resources Department in writing and provide notice of rights of appeal. In Oregon, challenging a “call” includes filing a petition for judicial review which may provide an automatic stay of the shut off order. It is recommended that you scan a copy of your written notice on “call” and send it to your attorney who can advise you concerning your legal options.
It is difficult for outsiders to appreciate the momentous effect that pre-1909 water rights enforcement will have in the Klamath Basin and the number of farmers and ranchers that are now facing possible water shut-offs. It is important that water users understand their rights and are prepared to protect those rights in court if need be.
Schroeder Law Offices represents clients in the Klamath Basin Adjudication. Stay tuned to the Water Law Blog for more information that may affect your water use!
