similarities & differences - walla walla community college · exempt groundwater use washington...

Similarities & Differences Similarities & Differences

Washington & Oregon Water Rights

Washington & Oregon Water Rights: Washington & Oregon Water Rights: Similarities & DifferencesSimilarities & Differences

Exempt Groundwater Use in the Walla Walla Basin

Relinquishment/Forfeiture

New Water Rights

Washington & Oregon Water Rights: Washington & Oregon Water Rights: Similarities & DifferencesSimilarities & Differences

Exempt Groundwater Use in the Walla Walla Basin

Relinquishment/Forfeiture

New Water Rights

Exempt Groundwater UseExempt Groundwater Use

Washington and Oregon have both similarities and differences in interpreting and enforcing exempt groundwater use.

Exempt groundwater use is allowed without a permitting process and issuance of a document.

Exempt Groundwater Use: WAExempt Groundwater Use: WA

Groundwater wells are generally limited to:

5,000 gallons per day (gpd) for domestic supply;

5,000 gpd for industrial supply;

Irrigation of no more than ½ acre of lawn & non-commercial garden, and

Stockwater unlimited quantities.

There is a specific rule for exempt groundwater use in the Walla Walla Basin.

Exempt Groundwater Use: Exempt Groundwater Use: Oregon (OR)Oregon (OR)

15,000 gpd for domestic or group domestic use;

5,000 gpd for industrial or commercial use;

Irrigation no more than ½ acres of non-commercial lawn and garden, and

Stockwater in unlimited quantities.

Exempt Groundwater Use Exempt Groundwater Use SimilaritiesSimilarities

Washington: 5,000 gpd for

industrial or commercial use.

Irrigation of no more than ½ acre, of lawn and non-commercial garden.

Unlimited stockwater.

Oregon: 5,000 gpd for

industrial or commercial use.

Irrigation of no more than ½ acre, of non-commercial lawn and garden.

Unlimited stockwater.

Metering can be required by Watermaster.

Exempt Groundwater Use Exempt Groundwater Use DifferencesDifferences

Washington:

Different rates for domestic supplies, 5,000gpd.

Oregon

Same rate for any groundwater well, 15,000gpd for domestic supplies.

Washington & Oregon Water Rights: Washington & Oregon Water Rights: Similarities & DifferencesSimilarities & Differences

Exempt Groundwater Use in the Walla Walla Basin

Relinquishment/Forfeiture

New Water Rights

Relinquishment/ForfeitureRelinquishment/Forfeiture

Both Washington and Oregon have legislated laws to ensure water is beneficially used and not locked up by an appropriator for speculative purposes.

Water must be used beneficially once every five years.

Water not used is then available for the next appropriator.

Relinquishment in Washington and Forfeiture in Oregon accomplishes this goal.

Relinquishment: WARelinquishment: WA

Any right, or portion of a right, not used at least once in five successive years, without cause, is relinquished (currently, 18 statutorily defined sufficient causes for non-use).

Right may also be lost through common law abandonment.

Forfeiture: ORForfeiture: OR

Any right, or portion of a right, not used at least once in five successive years establishes a rebuttable presumption of forfeiture.

Appropriator has burden of rebutting the presumption of forfeiture, usually in an Administrative Hearing.

Water right remains a right of record until and unless cancelled (currently, 14 statutorily identified reasons to rebut a presumption of forfeiture).

Similarities in Similarities in Relinquishment/ForfeitureRelinquishment/Forfeiture

Washington

Any right, or portion of a right, not used at least once in five successive years, without cause, is

relinquished.

Oregon

Any right, or portion of a right, not used at least once in five successive yearsestablishes a rebuttable presumption of forfeiture.

Water right remains a right of record until it is cancelled through an Administrative Process.

Differences in Differences in Relinquishment/ForfeitureRelinquishment/Forfeiture

Washington Oregon

Some differences exist between

Washington and Oregon

relating to transfers.

Washington & Oregon Water Rights: Washington & Oregon Water Rights: Similarities & DifferencesSimilarities & Differences

Exempt Groundwater Use in the Walla Walla Basin

Relinquishment/Forfeiture

New Water Rights

New Water RightsNew Water Rights

In Washington and Oregon, basin�s have specific rules relating to issuance of new water rights.

Both Washington and Oregon have issued specific closures within the Walla Walla Basin.

For specifics check with your local authorities.

New Washington Water Rights: New Washington Water Rights: Walla Walla BasinWalla Walla Basin

Surface and gravel aquifer in the Walla Walla basin are closed to new water rights (exception to surface water rights for Environmental Enhancement Project during high winter flow periods).

For Basalt wells, must meet the following criteria: Proposed use must be beneficial one;

Must be water available for the proposed use;

Must not impair existing water rights;

Must be in the public interest.

New Oregon Water Rights: New Oregon Water Rights: Walla Walla BasinWalla Walla Basin

New applications must be allowed by Basin Program Rules (OAR 690-507-030).

Any citizen may protest a new application.

Groundwater is open except for the basalt aquifer within a five mile radius of a city well.

New basalt aquifer use within a five mile radius of city wells are not allowed except for municipal, group domestic, and exempt uses.

New Oregon Water Rights: New Oregon Water Rights: Walla Walla BasinWalla Walla Basin

For all wells, must meet the following criteria:

Proposed use must be a beneficial use;

Must be water available for the proposed use;

Must be in the public interest, and

Wells found to cause interference may be regulated by priority date.

Similarities in New Water RightsSimilarities in New Water Rights

Washington

Proposed use must be beneficial one;

Must be water available for the proposed use;

Must be in the public interest, and

Must not impair existing water rights.

Oregon

Proposed use must be a beneficial use;

Must be water available for the proposed use;

Must be in the public interest, and

Wells found to cause interference may be regulated by priority date.

Differences in New Water RightsDifferences in New Water Rights

Washington Oregon

Specifics within the basin program rules

differ, check with your local authorities for

more information.

ConclusionConclusion

Legislature adopt laws, agency administers laws and sets out rules to further clarify and implement the law.

Courts establish case law or define how to interpret and apply law.

Beneficial use without waste is the measure and limit of the water right.

Water right entitlement is the amount needed up to the limits of the water right; water not needed stays in the source for the next appropriator.

Water belongs to the public.

The prior appropriation doctrine is the basis for western water law: � first in time, first in right.�

For More Information ContractFor More Information Contract

Washington Bill Neve, Watermaster

wnev461@ecy.wa.gov

(509) 527-4546

Oregon Tony Justus, Watermaster

Tony.G.JUSTUS@wrd.state.or.us

(541) 278-5456