Issues that need Water Attorneys
Water right attorneys focus their practice on complex and important issues in Oregon, where all water belongs to the public. Anyone who wants to use water from any source, whether surface or groundwater, must obtain a permit or license from the Oregon Water Resources Department (OWRD), unless they qualify for a statutory exemption. In Oregon, water rights of use are based on the principle of prior appropriation. This means the first person to use water or apply for a permit has the senior priority. Under the pure prior appropriate system and in times of shortage, water users with the senior priority can demand the water specified in their right of use, regardless of the rights of use held by junior users.
Water users in Oregon include farms, vineyards, nurseries, livestock enterprises, dairies, single residences, homeowner’s associations and developments, cities, commercial businesses, and other entities. They may need legal assistance for various reasons, including obtaining, transferring, or defending water rights; complying with health and utility regulations; resolving disputes or enforcement actions by regulating agencies such as the Oregon Department of Water Resources; conducting due diligence for transactions or developments; and participating in rulemaking or legislative processes.
For a more detailed discussion of Oregon water rights, see this article. Or visit our blog.
What to Look For in a Water Attorney
When looking for an attorney for water rights in Oregon, there are several factors to consider, such as:
- Experience and expertise: Water law is a specialized and dynamic field that requires a thorough knowledge of the relevant statutes, rules, case law, and administrative procedures. An attorney who has experience and expertise in water law can help clients navigate the complex and often changing legal landscape. Practiced attorneys can provide effective representation and advice. Some indicators of experience and expertise include the attorney’s education, credentials, publications, memberships, awards, and testimonials.
- Fees and costs: Water law matters can be time-consuming and costly, depending on the complexity and scope of the issue. An attorney who is transparent and reasonable about their fees and costs can help the client budget and plan accordingly. Some attorneys may offer different fee arrangements, such as hourly, flat, contingent, or hybrid. This would depend on the nature and circumstances of the case. The client should discuss and agree on the fee arrangement with the attorney before hiring them.
- Reputation and rapport: Water law issues can be contentious and sensitive, especially when they involve competing or conflicting interests. An attorney who has a good reputation and rapport with the OWRD, other agencies, courts, and stakeholders can help the client achieve a favorable and timely resolution. Moreover, an attorney who is trustworthy, respectful, and professional can establish a rapport with the client and understand their goals and expectations.
Ways to Find an Oregon Water Attorney
To find an attorney for water rights in Oregon, the client can use various sources, such as:
- Referrals: The client can ask for recommendations from people they know and trust, such as friends, family, colleagues, or acquaintances, who have dealt with water law issues or hired an attorney for water rights in Oregon. Referrals can provide firsthand information and feedback about the attorney’s performance and personality.
- Online: Just use one of the various search engines like Google or Bing.
- Websites: The client can visit the websites of attorneys or law firms that specialize in water law in Oregon, such as Schroeder Law Offices. These websites often provide detailed information about their services, experience, expertise, and contact information. Websites can also showcase the attorney’s portfolio, publications, and achievements.
- Consultations: The client can contact and schedule consultations with potential attorneys for water rights in Oregon. Most will offer a free hour either by phone, Zoom, or in person, to discuss their specific issue and needs. Consultations are a good method to evaluate the attorney’s suitability and compatibility. Consultations also allow the client to ask questions and clarify any doubts or concerns they may have.
In Conclusion
In conclusion, finding an attorney for water rights in Oregon can be a challenging task. By considering the factors mentioned above and using the sources suggested, the client can make an informed and confident decision.
Disclaimer: This is not legal advice and should not be relied upon as such. The information provided is for general informational purposes only and does not constitute an attorney-client relationship. The client should consult with a licensed attorney in their jurisdiction before taking any legal action.
For more information please call +1 (800) 574-8813, use our convenient form, or visit the Water Law Blog.
See Also what to expect when you call a water attorney.
