Oregon Water Resources Department: Clarification of Water Rights

Improved technology and surveying techniques may lead to the discovery that your water rights are located where believed or are actually authorized on incorrect property. If you are a holder of a water right which incorrectly includes a portion of authorized use appurtenant to land owned by another party (such as a neighbor) or another inconvenient place, the clarification process outlined below may be of assistance to you.

Clarification of a water right is authorized by ORS 540.560 and administrative rule OAR 690-380-9000. These provisions of law provide that the Director of the Oregon Water Resources Department (“Department”) may issue an order clarifying and defining the description of land to which a water right is appurtenant when it is required for the management, delivery or transfer of a water right. The sole purpose of the clarification process is to better define the location to which a water right is appurtenant. No other changes – i.e. rate of use, amount of use, type of use – may be changed by the clarification process.

To clarify your water rights, you may “petition” the Director for an order to clarify the location of your rights by letter. The letter should include:

1. Relevant and historic information sufficient to establish that the “clarified” location is the same location where water use has always occurred;

2. An explanation of why the present location description is inadequate or deficient;

3. A description of the “clarified” location including an explanation of the difference between the current location and the “clarified” location. This description may be supported by a map.

If the Department determines that clarification is required, an order is issued clarifying the water right. The Department must serve the order on the legal owner and occupant of the land to which the water is appurtenant as described in the certificate. The legal owner or occupant of the land may request a hearing to object to the clarification within 30 days of service of the order. If no request for a hearing is made, the order issued by the Department shall become final and become an addendum to the certificate.

If you are interested in obtaining or discussing additional information regarding the clarification process, please contact Attorney Cortney Duke at c.duke@water-law.com or our office at (503) 281-4100.