Brief Overview of Oregon Water Law Relating to Artesian Springs

By Steven L. Shropshire

Under Oregon law, water users generally must obtain a permit or water right from the Water Resources Department before using water from any natural source. ORS 537.130; 537.615. A permit gives the water user permission to use the water for a stated beneficial purpose on an identified parcel. A permit also indicates how much water may be used, when, and under what conditions. If the water user makes beneficial use of the water in accordance with the terms of the permit, the Water Resources Department will issue a certificate of water rights. The certificate constitutes evidence of a water right, entitling the holder to use water to the exclusion of any later appropriators on the same source.

There are, however, certain statutory exemptions from the general rule requiring a permit. One such exemption exists with respect to the use of spring or seepage waters. In such cases, the person upon whose lands the seepage or spring waters first arise has the right to use the water without first obtaining a permit. ORS 537.800; OAR 690-340-0010(2)(a). For the purposes of ORS 537.800, the term "spring" means "a point where water emerges naturally from the earth as a result of gravity flow or artesian pressure."

Thus, if spring or seepage waters are to be used on the lands of origin, no permit is required. By contrast, a downstream landowner wishing to use spring or seepage water after that water flows off the land of origin must first obtain a permit before diverting the water.

This article is intended to inform the reader of general legal principles applicable to the subject area. It is not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.

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