Markets

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Markets

• Sellers
• A particular good or service
• Buyers of that goods and service
• Where there is a potential for a transaction to
  take place

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The 1909 Water Code

• 1) Beneficial use without waste
• water for personal or public good
• 2) Priority
• first in time, first in right
• 3) Appurtenancy
• attached to the land
• 4) Must be used
• at least once every five years

codifying the doctrine of prior appropriation
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Beneficial Use

• 1909 Oregon
• Water Code
• Beneficial Use
• Priority
• Appurtenancy
• Must be used

Irrigation - promoting plant growth Industrial -
manufacturing, etc. Domestic - drinking
water Municipal - cities Instream flows -
stream/riparian enhancement
major categories of use
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Priority

• 1909 Oregon
• Water Code
• Beneficial Use
• Priority
• Appurtenancy
• Must be used

Junior water rights are regulated to meet the
entitlement of senior water rights.
prior appropriation first in time, first in
right
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Appurtenancy
If land is sold, the water right stays with
the land not with the previous owner.

• 1909 Oregon
• Water Code
• Beneficial Use
• Priority
• Appurtenancy
• Must be used

attached to the land
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Must be used

• 1909 Oregon
• Water Code
• Beneficial Use
• Priority
• Appurtenancy
• Must be used

May not go unused for five consecutive
years subject to cancellation Terms and
conditions limited to rate, duty, times and
conditions of water right

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A water right consists of

• Point of diversion or appropriation
• where water is captured or drawn
• Place of use
• where the water is applied

• Source of water
• Ground water or surface water
• Type of use
• The beneficial use of the water

four elements of a water right
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Water Right Transfers

• Can change place of use, type of use, point of
  diversion or appropriation
• Transfer must not injure other water right
  holders
• Determining injury increasingly complex

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