OREGON PROPERTY LAW Exam |
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Terms in this set (56)
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 - Beneficial The beneficial use of water is the basis,
use measure and limit for the use of water.
The right to appropriate water for private
use can be established through issuance
of a water rights permit from the Water
Resources Director. In the application to
the Water Resources Department for the
permit, the property owner must state
the nature and location of the proposed
use of the water. When issued, the permit
will specify the maximum amount of
water that may be used to meet the
needs for the use and location for which
the water right is granted. Therefore, if
the water right is for irrigation of a 40-
acre parcel, the water could be used
only to irrigate those 40 acres.
After the owner actually uses otherwise
unused water, the Department will
replace the permit with a certificate of
water right which remains valid as long as
the beneficial use is continued. Failure to
continue the beneficial use of the water
may result in the loss of the right to use
the water right. A person who holds a
certificate of water right could have the
right canceled through a statement of
intentional abandonment filed with the
Water Resources Department or could
lose the right after a specified period of
, lose t e g t a te a spec ed pe od o
nonuse. An Oregon water right, once
established, may be lost by nonuse over
a continuous period of five years. It is
subject to cancellation and may be
invalidated after five consecutive years of
nonuse, although cancellation is not
automatic.
Questions with 100% Correct Answers |
Verified | Latest Update 2026/2027
Save
Terms in this set (56)
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 - Beneficial The beneficial use of water is the basis,
use measure and limit for the use of water.
The right to appropriate water for private
use can be established through issuance
of a water rights permit from the Water
Resources Director. In the application to
the Water Resources Department for the
permit, the property owner must state
the nature and location of the proposed
use of the water. When issued, the permit
will specify the maximum amount of
water that may be used to meet the
needs for the use and location for which
the water right is granted. Therefore, if
the water right is for irrigation of a 40-
acre parcel, the water could be used
only to irrigate those 40 acres.
After the owner actually uses otherwise
unused water, the Department will
replace the permit with a certificate of
water right which remains valid as long as
the beneficial use is continued. Failure to
continue the beneficial use of the water
may result in the loss of the right to use
the water right. A person who holds a
certificate of water right could have the
right canceled through a statement of
intentional abandonment filed with the
Water Resources Department or could
lose the right after a specified period of
, lose t e g t a te a spec ed pe od o
nonuse. An Oregon water right, once
established, may be lost by nonuse over
a continuous period of five years. It is
subject to cancellation and may be
invalidated after five consecutive years of
nonuse, although cancellation is not
automatic.
