Water Laws for Oregon
The uncertainties surrounding water rights in Oregon are a continual source of annoyance to the water-user as well as to the prospective investor. The inefficiency of our statutes on the subject, as well as the inability of the courts to bridge over the many deficiencies, has been fully demonstrated through years of experience. Court decrees only bind the parties thereto, and in many cases soon prove inadequate to do justice even between them, as climatic changes affect the water supply, to say nothing of the effect brought about by subsequent appropriations and increased use by those not parties to the suit. To meet the new conditions as they arise, decrees should, to a limited extent, remain under the control of the court to meet unforeseen emergencies. One of the problems with which we are confronted in Oregon is the lack of some definite system of water right titles.
How Water Is Appropriated
Any person can acquire a water right in this state by posting a notice at the proposed point of diversion, stating the amount of water claimed and the intended use, and recording the notice in the County Clerk's or Recorder's office within ten days there- after. If the water is to be used for irrigation purposes, a copy of the notice should also be filed in the office of the State Engineer. It makes no difference if the waters of a stream have already been fully utilized at points below. The notice can specify any amount, even though such amount exceed the entire flow of the stream. It may be impossible to use the water beneficially for the purpose as claimed, and, as a matter of law. the appropriator may be limited to the quantity thus applied within a reasonable time. But that makes no difference, so far as the prima-facie right thereto may be concerned. So long as construction of the works is commenced within six months, the title to the water susceptible of appropriation and included in the notice is thus apparently complete. The public, however, is not informed of this fact, because there is no provision for the filing of final proof. By refiling every six months, a water right can be held indefinitely without use, and legitimate development retarded.
