Importance of Water Rights When Buying a Property in Oregon
In our previous article, we uncovered the basics of Oregon’s water rights—how they evolved, what they entail, and their categories. Today, we delve into why these water rights are especially crucial when you’re considering buying a property in the Beaver State.
The Significance of Water Rights for Property Buyers
Water rights aren’t merely an ancillary consideration when purchasing a property; they’re integral to the process. Your ability to construct a well, irrigate your garden, or even just have a reliable water source for your home may hinge on the water rights associated with your property. Without them, your dream home might turn into an arid nightmare. Moreover, water rights can have a significant impact on the value of your property, making them a key factor in investment decisions.
Irrigation Districts in Oregon
In Oregon, Irrigation Districts play a significant role in the management and allocation of water resources. An Irrigation District is a cooperative, self-governing public corporation set up to distribute water for irrigation in a specific region. When you buy a property within an Irrigation District, you typically become a member of that district. The district, in turn, holds the water rights and manages the distribution of water to its members. Before purchasing a property, it is crucial to know whether it falls under an Irrigation District, and understand the district’s rules and charges.
Rights to Well Water in Oregon and the Implications for Multiple Users
When it comes to well water, Oregon law generally allows property owners to use up to half an acre-foot of ground water per year (enough to irrigate half an acre of land or about 20,000 square feet) for domestic purposes without needing to apply for a water right. However, this rule applies only if the well is “single or group domestic” in nature, meaning it serves one or two single-family dwellings.
If a well serves more than one property or dwelling, the situation can become more complex. The right to draw up to half an acre-foot of water remains, but it is shared among all the users, not given individually. Thus, if you are considering buying a property that shares a well, it’s important to understand this distribution and how it might affect your water supply.
How to Determine If A Property Has Water Rights
So, how do you determine if the property you’re interested in has water rights? First, check the property deed for any references to water rights. However, a deed may not always accurately reflect the status of water rights. For a more reliable check, you should turn to the Oregon Water Resources Department’s (OWRD) online database, where you can look up water rights based on the property’s address or Tax Lot Number. If the property is in an Irrigation District, contact the district for any information they have on the property including maps of water rights. If you’re still in doubt, consider hiring a professional consultant who specializes in water rights.
Due Diligence is Key
It’s imperative to understand the source of your property’s water and ensure its legality. This is where due diligence comes in. A key step in your due diligence should be to obtain a professional inspection of any existing water infrastructure, such as wells or irrigation systems. Many current owners don’t understand that even if they own the land, they cannot lawfully construct or maintain a pond without first obtaining a water right from the Oregon Water Resources Department (OWRD). A legal advisor can help assess whether the water rights associated with a property are in good standing and can continue to provide the necessary water for your intended use.
Addressing Common Misconceptions About Water Rights
Misconceptions about water rights can lead to poor decision-making. Here are a few common misconceptions:
- The water on and under my property is mine. While it’s logical to think that buying a property includes buying the water on it, the truth is that in Oregon, all water is publicly owned.
- If I have a well, I have water rights. Not necessarily. A well’s existence doesn’t automatically imply legal rights to use the water.
- If the previous owner used water, I can too. Water rights can lapse due to non-use. So, even if the previous owner legally used water, the rights might not be valid anymore.
Understanding Oregon’s water rights isn’t just a part of the property-buying process—it’s vital for it. It determines your ability to access and use water and can significantly affect your property’s value. Always remember: When it comes to buying property in Oregon, water rights aren’t just a drop in the bucket—they’re the whole well. Stay tuned for our next article, where we will navigate some more complexities of irrigation rights in Oregon.