OREGON PROPERTY LAW Exam Questions
and Answers with Verified Solutions | Latest
Updated 2026
By virtue of state statute,
water in Oregon is considered
to be owned by the general
public and not the person
who owns the land through
which the water passes. There
is one exception to this: Spring
water that surfaces naturally
on the land, does not flow in a
well-defined channel, and
does not flow off the property
onto which it surfaced
belongs to the owner of the
land as long as he does
nothing to alter the opening
artificially and does nothing to
stop the water from flowing
off the property.
,the ownership and use of In Oregon and other states operating
water in states where water is under the doctrine of prior appropriation,
scarce is often determined by a riparian owner does not automatically
the doctrine of prior have the right to use water. Instead, the
appropriation. Oregon, like state grants, or appropriates, rights to
most western states, is an use water to riparian and nonriparian
appropriation doctrine state owners. Therefore, if the state gives
and not a riparian rights state. permission to a nonriparian owner of a
In a riparian rights state, a farm to use water from a nearby lake, the
person owning land over owner will have received the right under
which water flows or which the appropriation concept.
borders a waterway has the
right to use that water
automatically because of the
location of his land.
There are three legal
concepts which serve as a
basis for water rights in
Oregon:
Beneficial use
First come, first served
Appurtenance
,WATER RIGHTS - First Come, Water right priorities are established on a
First Served "first come, first served" basis. When a dry
year does not produce enough water in a
drainage basin to fill the needs of all the
water right holders, those with the oldest
valid rights are served first in order of the
date of their permit applications. If they
use all of the water available, junior water
right holders may have to do without
water during the deficit condition.
NOTE: One type of use does not take
precedence over another use when there
is insufficient water for both, except when
water right holders were issued permits
with identical dates of claims.
If there is a conflict between two water
right holders with the same priority
because their permits have identical
dates of claims, then a domestic user is
favored over an industrial or commercial
user.
, Surface water Depending on the source of the water
and the nature of the use of the water,
there are instances in which a water right
certificate is required and other instances
in which it is not required. The Water
Rights Act of 1909 controls the use of
surface water. Surface water controlled
by this law is water on the surface of the
earth (e.g., lakes, rivers, streams, creeks,
etc.), as well as spring water which flows
in a normal channel over a property or
off the property on which it surfaces.
Remember, the law related to public
ownership of water does not apply to
spring water flowing in an undefined
channel and which does not flow off the
property from which it surfaces. The law
requires a water right permit in order to
use surface water for most purposes,
except for the following: use of water for
certain types of fish protection, fire
control, forest management, and land
management practices; use of rainwater
from an impervious surface; and stock
watering directly from the water source,
without any diversion or modification to
the water source.
and Answers with Verified Solutions | Latest
Updated 2026
By virtue of state statute,
water in Oregon is considered
to be owned by the general
public and not the person
who owns the land through
which the water passes. There
is one exception to this: Spring
water that surfaces naturally
on the land, does not flow in a
well-defined channel, and
does not flow off the property
onto which it surfaced
belongs to the owner of the
land as long as he does
nothing to alter the opening
artificially and does nothing to
stop the water from flowing
off the property.
,the ownership and use of In Oregon and other states operating
water in states where water is under the doctrine of prior appropriation,
scarce is often determined by a riparian owner does not automatically
the doctrine of prior have the right to use water. Instead, the
appropriation. Oregon, like state grants, or appropriates, rights to
most western states, is an use water to riparian and nonriparian
appropriation doctrine state owners. Therefore, if the state gives
and not a riparian rights state. permission to a nonriparian owner of a
In a riparian rights state, a farm to use water from a nearby lake, the
person owning land over owner will have received the right under
which water flows or which the appropriation concept.
borders a waterway has the
right to use that water
automatically because of the
location of his land.
There are three legal
concepts which serve as a
basis for water rights in
Oregon:
Beneficial use
First come, first served
Appurtenance
,WATER RIGHTS - First Come, Water right priorities are established on a
First Served "first come, first served" basis. When a dry
year does not produce enough water in a
drainage basin to fill the needs of all the
water right holders, those with the oldest
valid rights are served first in order of the
date of their permit applications. If they
use all of the water available, junior water
right holders may have to do without
water during the deficit condition.
NOTE: One type of use does not take
precedence over another use when there
is insufficient water for both, except when
water right holders were issued permits
with identical dates of claims.
If there is a conflict between two water
right holders with the same priority
because their permits have identical
dates of claims, then a domestic user is
favored over an industrial or commercial
user.
, Surface water Depending on the source of the water
and the nature of the use of the water,
there are instances in which a water right
certificate is required and other instances
in which it is not required. The Water
Rights Act of 1909 controls the use of
surface water. Surface water controlled
by this law is water on the surface of the
earth (e.g., lakes, rivers, streams, creeks,
etc.), as well as spring water which flows
in a normal channel over a property or
off the property on which it surfaces.
Remember, the law related to public
ownership of water does not apply to
spring water flowing in an undefined
channel and which does not flow off the
property from which it surfaces. The law
requires a water right permit in order to
use surface water for most purposes,
except for the following: use of water for
certain types of fish protection, fire
control, forest management, and land
management practices; use of rainwater
from an impervious surface; and stock
watering directly from the water source,
without any diversion or modification to
the water source.
