Thomas J. Paul, Special Assistant to the DirectorOREGON WATER RESOURCES DEPARTMENT

State Board of AgricultureSeptember 20, 2017

Photo: Michael McCullough, Creative Commons

The 1909 Water Code

Four Basic Provisions

1) Beneficial use without waste- Using 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

A Water Right Consists of:

Five Elements of a Water Right

• Point of DiversionWhere surface water is drawn or captured

• Date of Priority

• Type of UseThe beneficial use of the water

• Place of UseWhere water is applied

• Source of WaterStream or well from which water is diverted

Pre-adjudication water use

Determined claims included in regulation of water rights

Post

-190

9*

Kla

mat

h W

ater

Rig

hts

Post-1909 water right permits and certificates managed under doctrine of prior appropriation (first in time, first in

right); pre-determined claims are not regulated for or against

Administrative phase of adjudication Judicial phase of adjudication

Timeline of Klamath Adjudication and Regulation of Water Rights by the State of Oregon

3/ 2014

Filing Finding of F

act and

Order of D

etermination

12/1975

Start of K

lamath Adjudication to

Determine Pre-W

ater Law Rights

Adoption of Oregon W

ater Law

Claims-Conteste

d Case Hearings

(730 Claims and 5660 Contests

)

Filing of E

xceptions to

Determine

Claims (nearly

200 exceptions)

Hearings on Exce

ptions

Court Issu

es Decre

e

Appeals

V. 8/18/2017

All new water uses post February 1909 must:1) apply for a water right permit, 2) prove up their permit, and 3) get a water right certificate

2/1909

We Are Here

Timeline is not drawn to scale.

Pre-

1909

Kla

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h W

ater

Rig

ht U

se

and

Adj

udic

atio

nR

egul

atio

n of

W

ater

Rig

hts

by O

WR

D

Key

Eve

nts

in K

lam

ath

Adj

udic

atio

n

*Post-1909 water rights are those issued after the adoption of the Oregon Water Code in February 1909

The Lower Williamson River

The Wood River

• Klamath Basin Restoration Agreement– Efforts began 2005– Agreement signed February 18, 2010– Agreement terminated December 31, 2015

• Klamath Hydroelectric Settlement Agreement– Efforts began 2005– Agreement signed February 18, 2010– Agreement amended April 6, 2016– Klamath River Renewal Corporation February 29, 2016

Klamath Basin Recent Efforts to Address Water Needs

• Upper Klamath Basin Comprehensive Agreement– Efforts began July 2013– Agreement signed April 18, 2014– Request for termination

• Klamath Power and Facilities Agreement– Efforts began January 2016– Agreement signed April 6, 2016

• Next steps

Klamath Basin Recent Efforts to Address Water Needs

QUESTIONS

Photo: Michael McCullough, Creative Commons