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By Oregon Water Resources Department
WATER RIGHTS And EXEMPT USES
Under Oregon law, all water including groundwater is publicly owned. With some exceptions, water users
must obtain a permit or water right from the Oregon Water Resources Department (OWRD) to use a well.
Some uses, referred to as “exempt uses”, are exempt from the water right permitting process. Exempt uses
carry the same rights and responsibilities as a certificated water right:
+ Have a priority date as indicated on the well log
+ Water must be used beneficially and without waste
+ Exempt uses are subject to curtailment during periods of shortages in order to protect a senior right.
Following are some common uses exempted from the water right permitting process:
+ Single or group domestic purposes up to 15,000 gallons per day;
+ Stock watering;
+ Watering any lawn or non-commercial garden not exceeding ½ acre in area;
+ Down-hole heat exchangers;
+ Any single industrial or commercial development up to 5,000 gallons per day.
Exempted uses are on a per-property or per-development basis. Adding additional wells does not increase an
exempt limitation. (For example, adding a second well does not increase the irrigation exemption to more
than ½ acre)
Recording an Exempt Use Well
Landowners of property on which a well is drilled for an exempt use purpose are required to provide OWRD,
within 30 days after well construction completion, a map locating the well and an exempt use recording fee.
The fee is used to evaluate groundwater supplies, conduct groundwater studies, carry out groundwater
monitoring, and process groundwater data. For more information about exempt use wells please call
503-986-0861.
Obtaining Water Rights
If you plan to use more water than the exempt limit allows or for a use that is not exempt, a water right
permit is required before beginning construction of any proposed well. To apply for a new water right
permit, an application is filed with OWRD that includes a map of the proposed well location and place of
proposed water use. The application is reviewed to insure the use doesn’t interfere with existing water rights
or stream flow. Application forms, information, and a list of Certified Water Right Examiners to assist
with the application process, are available on the OWRD website at www.wrd.state.or.us. If you have
questions or need assistance, contact your Watermaster. (see page 29 for contact information) In addition,
some Oregon counties may require land use permits for certain developments. Contact your county
government for their development requirements.
The Oregon Water Resources Commission is responsible for managing the groundwater
resource. In many areas, high demand on the groundwater supply has required that new uses
be restricted or prohibited to protect existing water rights. This includes exempt uses in some
areas. Before making any expenditure on a planned well, you should consult OWRD to confirm
that your proposed use of water is allowed by Oregon water law.
Christensen Well Drilling Co.
Eugene, Oregon 97408
(541) 344-4205
Christensen Well Drilling Co: Water Rights and Exempt Uses
A CONSUMER'S GUIDE TO WATER WELL CONSTRUCTION
By Oregon Water Resources Department