layered water rights

Layered Layered Water Water RightsRights

Susan Douthit

District Water Right Analyst

CWRE Workshops Fall

2012

Layered Water RightsLayered Water Rights DefinitionDefinition Why is it important?Why is it important? Tools to identify.Tools to identify. Options once identified.Options once identified.

What is a Layered Water What is a Layered Water Right?Right?

. . .a situation in which there are . . .a situation in which there are multiple water uses subject to multiple water uses subject to

transfer, permits or certificates of transfer, permits or certificates of registration that are appurtenant to registration that are appurtenant to the same place of use and that have the same place of use and that have

been issued for the purpose of been issued for the purpose of irrigation.irrigation.

OAR 690-380-0100 OAR 690-380-0100

Why is it important Why is it important to identify layered to identify layered

water rights?water rights?

Stewardship of the resource.Stewardship of the resource. Timelines will be extended.Timelines will be extended. Can influence landowner decisions.Can influence landowner decisions.

Tools to identify Tools to identify layered water rightslayered water rights

Landowner Landowner Electronic Plat CardsElectronic Plat Cards Interactive MapperInteractive Mapper District personnel (if w/in)District personnel (if w/in)

Quick step by stepQuick step by step

Electronic Plat CardsElectronic Plat Cards Electronic Plat Card MapsElectronic Plat Card Maps Interactive MapperInteractive Mapper

www.wrd.state.or.us>>Lookup www.wrd.state.or.us>>Lookup water rightswater rights

Electronic Plat CardsElectronic Plat Cards

Electronic Plat CardElectronic Plat Card

Electronic Plat cardElectronic Plat card

Plat Card MapsPlat Card Maps

Plat Card Map ExamplePlat Card Map Example

Interactive Interactive MapperMapper

From the WRD’s home From the WRD’s home pagepage

Layered rightLayered right

Getting detailsGetting details

Results of “identifying” Results of “identifying”

Four OptionsFour Options

Include the supplemental Include the supplemental right/permit/GR in the application, if right/permit/GR in the application, if the intent is to move the intent is to move withwith primary primary right.right.

Voluntarily cancel it.Voluntarily cancel it. Move supplemental right separately Move supplemental right separately

to a “like” primary. to a “like” primary. Withdraw application.Withdraw application.

Option #1Option #1

Include the layered supplementalInclude the layered supplemental

in the transfer for concurrent in the transfer for concurrent changes.changes.

Option #2Option #2

Voluntary cancellationVoluntary cancellation Submission of a voluntary cancellation Submission of a voluntary cancellation

affidavit.affidavit. Cancellation will be incorporated into the Cancellation will be incorporated into the

transfer order.transfer order. If involved in permit issuance, separate If involved in permit issuance, separate

order cancelling portion/entirety of right order cancelling portion/entirety of right that “overlaps” new permit will be issued.that “overlaps” new permit will be issued.

If involved in certificate issuance, separate If involved in certificate issuance, separate order cancelling will be generated.order cancelling will be generated.

Option #3Option #3

Move supplemental to a “like” Move supplemental to a “like” primaryprimary

. . . may be moved separately from the . . . may be moved separately from the associated irrigation water right if associated irrigation water right if another primary irrigation water right another primary irrigation water right with similar reliability is appurtenant to with similar reliability is appurtenant to the lands to which the supplemental the lands to which the supplemental right is to be moved. (OAR-690-380-right is to be moved. (OAR-690-380-2240)2240)

Option #4Option #4

Withdraw the application.Withdraw the application.

Questions?

Susan – 503-986-0858 or

Susan.M.Douthit@wrd.state.or.us

Flow RestorationFlow RestorationInstream LeasesInstream Leases

Contact Laura Wilke – 503-986-0884Contact Laura Wilke – 503-986-0884

Allocation of Conserved WaterAllocation of Conserved Water Contact Kody Thurgood – 503-986-0892Contact Kody Thurgood – 503-986-0892