1. Taking Care of Your Water Rights: Permits, Extensions & Certificates Oregon Association of Water Utilities April 2014 Lisa Jaramillo Water Right Services Division OWRD

2. All the surface and ground water of the state… Public Water Oregons water resources are managed by the Oregon Water Resources Department.

3. Water Rights in Oregon: A System of Allocating & Using Water Public water 1909 Water Code Water rights system Photo courtesy of Oregon State Library

4. Oregons Water Laws First water code enacted in 1909 Based on doctrine of prior appropriation –The first person to obtain a water right is the last to be shut off in times of low water availability. Beneficial use without waste –Water for personal or public good.

5. Oregons Water Laws Priority date –Establishes a water right holders place in line when water becomes scarce.

6. Oregons Water Laws Regulation based on priority date –Junior water rights are regulated to meet the entitlement of senior water rights. First in time, first in right…

7. Source of water Ground water or surface water Type of use The beneficial use of water or appropriation Where water is captured or drawn Place of use Where water is applied A Water Right Consists Of: Point of diversion Quantity of water Rate, duty and season of use

8. Must be Used Terms and conditions –Limited to rate, duty, period of use and conditions of water right. May not go unused for five consecutive years –Subject to forfeiture and cancellation. –Some exceptions to forfeiture, as outlined in ORS 540.610(2).

9. Appurtenancy Certificated water rights attached to the land –If land is sold, the water right stays with the land… not with the previous owner.

10. Exempt Uses of Surface Water ORS 537.141 Livestock watering Closed loop system; livestock fenced away from stream Emergency fire-fighting Land management practices Soil conservation and water quality Rainwater collection Artificial, impervious surface Do not require a water right

11. Exempt Uses of Ground Water ORS 537.545 Single and Group Domestic Household, washing, etc. 15,000 gallons per day Lawn and Garden Up to ½ acre Commercial and Industrial uses 5,000 gallons per day Livestock watering Down-hole heat exchange Do not require a water right

12. The Water Right System Proving Up Application Permit Certificate Non-Use Change in Use Transfers Cancellation When a completed application is received, the priority date is assigned. Then the Department processes the application using a combination of basin rules, water availability reports and public interest review. If approved, the Department issues a permit. Now, the water user must begin applying the water to beneficial use. When their system is complete they must hire an examiner to prepare a report of beneficial use. A water right holder may change their point of diversion, point of appropriation, place of use or type of use by a formal transfer. With some exceptions (such as those for a municipal use), if the water right is not used for more than five consecutive years, it may be considered forfeited and could be cancelled. Priority Date

13. Application for Water Use Permit Application submitted –Priority Date assigned to the application. –Application is processed by the Department using a combination of: Basin rules; Water availability reports; and Public interest review.

14. Availability of Surface Water for New Appropriations

15. The Application Review Application Permit When a completed application is received, the priority date is assigned. Priority Date The Department processes the application using a combination of basin rules, water availability reports and public interest review. Initial Review Proposed Final Order Final Order

16. Water Use Permit Permit issued (if allowable), specifying: –Source allowed; –Type of use allowed; –Maximum rate & duty allowed; –Period of use allowed; –Priority date; –Timeline (date) to complete construction and full application of water to beneficial use Generally 5 years (20 years for a municipal permit); and –Other conditions of the permit.

17. Conditions of the Permit Conditions for Municipal/Quasi-Municipal permits may include: –Timeline (date) for completion of construction and full application of water to beneficial use; –Installation/maintenance of water meter and/or fish screens; –Annual well static water level measurements; –Annual water use reporting to OWRD; and/or –Submittal of a Water Management and Conservation Plan (WMCP).

18. Once a Permit is Issued… Permit Amendment Permit Certificate Permit Extension of Time Proving Up The water user must apply the water to beneficial use, consistent with permit conditions. When their system is complete (including any permit amendment) they must hire an examiner to prepare a report of beneficial use. A permit holder may amend the point of diversion, point of appropriation or place of use under a permit through a formal permit amendment. If more time beyond the dates specified in the permit is needed to complete construction, accomplish full beneficial use of water and/or comply with conditions, the permit holder may request an extension of time for the permit.

19. Proving Up on a Permit Must demonstrate (or prove up on) beneficial use of water under the permit Beneficial water use under the permit must be: –Consistent with the terms and conditions of the permit; and –Accomplished within the authorized timeline (date) specified in the permit.

20. Proving Up on Rate for Municipal or Quasi-Municipal Permits Minimum 4 hour diversion point demonstration time –Can be a period of not less than 4 hours during a maximum period of 8 hours. –All water diverted during demonstration period must be beneficially used (not wasted). –Diverted water does not need to be used during the rate demonstration period.

21. Partial Perfection by Municipalities May prove up on 25% or more (at a time) of the maximum rate allowed under a permit Future partial claims must show proof on at least 25% of the original rate allowed by the permit.

22. Permit Extension of Time A Permit Extension can allow more time (beyond the permit timeline) in which to: –Complete construction of the water diversion and/or water delivery system; and/or –Accomplish beneficial use of water to the fullest extent of the permit. (i.e., if only 5.0 cfs out of the permitted 10.0 cfs has been diverted and beneficially used within the authorized timeline in the permit)

23. Permit Extension of Time …Can also allow more time (beyond the permit timeline) in which to: –Comply with permit conditions. More time allows a condition to be satisfied within valid, authorized timelines under the permit. Exception: Failure to install fish screens prior to diverting water cannot be cured. This situation would likely result in denial of a Permit Extension request.

24. Permit Extension of Time A Permit Extension can be allowed if: –Reasonable diligence and good faith of the permit holder in developing and perfecting the water use is demonstrated; and –Good cause for the additional time to prove up on the use of water is shown.

25. Permit Extension of Time Final Orders approving Muni/Quasi-Muni Permit Extensions may include conditions to: –Require submittal of a WMCP within 3 years –Establish Development Limitations Diversion of water beyond specified maximum rate can only be authorized through a request in (and OWRD approval of) a WMCP. –Provide fishery resource protection to maintain the persistence of listed fish species Applicable to the undeveloped portion of the permit.

26. Permit Amendment A permit can be modified through submittal of a Permit Amendment Application to: –Change the location of a point of diversion or a point of appropriation; –Add a point of diversion or a point of appropriation; and/or –Change the place of use. NOTE: The type or character of use cannot be changed through a Permit Amendment.

27. Permit Amendment A Permit Amendment can be allowed if: –The permit has valid completion timelines (dates) that have not expired; –The proposed change does not result in injury to an existing water right; and –For a change in place of use, the proposed to lands are: Owned or controlled by the permit holder of record; and Contiguous to the lands authorized under the permit.

28. Claim of Beneficial Use Once water use is perfected under a permit… A Claim of Beneficial Use (CBU) and survey map are submitted to OWRD –The CBU must be prepared by a Certified Water Right Examiner. OWRD evaluates the CBU and survey map Determines maximum beneficial use of water

29. Water Right Certificate OWRD issues the Water Right Certificate –Based on findings of the CBU evaluation. Water Right becomes appurtenant to the land Water Right must be used at least once every five years

30. After a Certificate is Issued… Certificate Non-Use Change in Use Transfers Cancellation A water right holder may change their point of diversion, point of appropriation, place of use or type of use by a formal transfer. With some exceptions (such as those for a municipal use), if the water right is not used for more than five consecutive years, it may be considered forfeited and cancelled. Exception to forfeiture for non-use: A presumption of forfeiture can be rebutted for a water right… that is issued for all reasonable and usual municipal purposes [ORS 540.610(2)(a)].

31. Water Right Transfer A water right certificate can be modified through submittal of a Transfer Application to: –Change the location of a point of diversion or point of appropriation; –Add a point of diversion or point of appropriation; –Change the place of use; and/or –Change the type or character of use.

32. Water Right Transfer A Water Right Transfer can be allowed if: –The water right is valid and not subject to forfeiture; –The water user is ready, willing and able to use the full amount of water allowed under the water right; –The proposed change would not result in enlargement of the water right; and –The proposed change would not result in injury to another existing water right.

33. Ground Water Registrations (also known as a GR) GR claims filed with OWRD –Claims document beneficial use of ground water accomplished prior to August 3, 1955. Claim filing period: –August 3, 1955 through August 3, 1958.

34. Ground Water Registrations Certificates of Registration were provided to the claimants and are on file at OWRD At some point in the future… –GR claims will be adjudicated and the rights will be determined.

35. Ground Water Registrations When acquiring property in your service boundary… –Be aware of the potential existence of GRs on the land. –GRs can be a valuable asset in your water right inventory. If you acquire land with a GR… –The GR should be Assigned in the name of the water supplier. Once a GR is Assigned, the water supplier can modify the GR

36. Ground Water Registration Modification A GR can be modified through submittal of a Ground Water Registration Modification Application to: –Change the location of a point of appropriation; –Add a point of appropriation; –Change the place of use; and/or –Change the type or character of use.

37. Ground Water Registration Modification A Ground Water Registration Modification can be allowed if the proposed modification would: –Not enlarge the ground water registration; –Not injure another existing water right; and –Not result in a state Scenic Waterway not receiving previously available water… During periods in which streamflows are less than quantities needed for the free-flowing character of the waters for recreation, fish and wildlife.

38. Assignment / Ownership Update For permits, permit amendments, transfers and ground water registrations: –An Assignment form is used to change the ownership of (or interest in) a water use record. For certificated water rights: –an Ownership Update form is used to update the contact information for the right.

39. Break Time

40. Water Management and Conservation Plans A basic framework for preparing a WMCP consistent with OAR Chapter 690, Division 86

41. Elements of a WMCP Water Supplier Description Water Conservation Water Curtailment Water Supply

42. Water Supplier Description Sets the stage for the WMCP; and Provides current information about: –the water supplier; –its water sources; and – its water distribution system.

43. Water Supplier Description A WMCP must describe the suppliers: –Water sources & distribution system; –Exchange agreements, contracts and/or interconnections; –Current service area & population; –Characteristics of water customers; –Current water use;

44. Water Supplier Description Must also describe the suppliers: –Inventory of water rights; –Adequacy & reliability of water sources; –An assessment of any environmental issues pertaining to the suppliers water sources; and –Quantification of the systems non-revenue water (water loss).

45. Water Supplier Description

46. Water Conservation Element A description of the suppliers past, current and future conservation measures. Also includes: –A progress report on conservation measures scheduled for implementation in previous WMCP; and –A description of the suppliers water use measurement and reporting program that complies with OAR Chapter 690, Division 85 standards.

47. Water Conservation Element All water suppliers must implement within five years: –An annual water audit; –A fully metered system; –A meter testing & maintenance program; –A rate structure, based in part, on the amount of water metered at connections; –A leak detection program (if water losses exceed 10%); and –A public education program to encourage efficient water use.

48. Water Conservation Element OAR 690-086-0150(5) if a supplier proposes to expand or initiate water under an extended permit with identified resource issues… –Must implement a system-wide leak repair or line replacement program to reduce water losses to no more than 15% (or demonstrate currently at no more than 15%).

49. Water Conservation Element Under OAR 690-086-0150(6), further conservation measures must be evaluated and implemented, if feasible: –If the supplier proposes to expand or initiate water under an extended permit with identified resource issues; -OR- – If the supplier serves more than 7,500 people.

50. Water Conservation Element Further conservation measures: –Leak repair program or line replacement; –Technical and financial assistance programs; –Supplier financed retrofit / replacement; –Rate structures that encourage conservation; and –Water reuse, recycling and non-potable water opportunities.

51. Water Curtailment Element Description of water curtailment activities in the event of a water supply shortage or other water supply emergency.

52. Water Curtailment Element Must include: –A description of past supply deficiencies; –At least three stages of alert; –A list of triggers for each stage; and –A list of actions within each stage to curtail water use.

53. Water Curtailment Element Examples of triggers for each stage: –Supply: well or reservoir level –Demand: reaches critical level for period of time –Capacity: use exceeds percentage of capacity –Drought declared by Governor

54. Water Curtailment Element

57. Water Supply Element Allows a water provider to: –Assess projected demands for water; –Evaluate options for meeting those demands; and –Provide rationale for selected water supply alternative to meet future needs.

58. Water Supply Element Delineate current and future service areas –Consistent with land use laws –Relationship to other boundaries Neighboring municipal boundaries Unincorporated portions of a county Other legal boundaries

59. Water Supply Element The delineation must also include: –An assessment of population projections Municipal planning County planning PSU projections –Anticipated industrial or economic development Consistent with relevant acknowledged comprehensive land use plans and urban service agreements or other relevant growth projections

60. Water Supply Development Water demand forecast –10-year and 20-year projections (required) –May include longer time period (if desired) –Several methods available Also consider: –System redundancy and backup water supply needs; and –Demands resulting from wholesale water delivery contracts or supply agreements.

61. Water Supply Element Assess water needs –Compare current water source capacity and projected demand (20 years) –Outline supply deficiencies or reliability issues

62. Water Supply Element If, in order to meet 20-year demands, the supplier will need to: –Begin diverting water under an existing permit; –Increase diversion of water under an existing permit (up to the allowed rate); or –Acquire new water rights … Then, youll need to analyze alternative sources to meet those needs.

63. Water Supply Element The analysis of alternative water sources must analyze alternative sources to meet needs: –Water savings resulting from implementation of conservation measures under OAR 690-086-0150; –Interconnection(s) with other supply agencies; and –Any other conservation measure that would provide water at a comparable cost

64. Water Supply Element If existing permit(s) are selected for meeting future needs, the WMCP must quantify for each permit: –The maximum instantaneous rate of water to be diverted; and –The maximum monthly volume of water to be diverted.

65. Water Supply Element Also, if existing permit(s) are selected for meeting future needs, the WMCP must provide: –A description of the suppliers mitigation actions (if any) to comply with legal requirements. Endangered Species Act Clean Water Act Safe Drinking Water Act Permit Extension conditions to protect fish

66. Water Supply Element Further…If the selected permit for meeting future demands is an extended permit, the WMCP must also identify: –Whether a Development Limitations condition has been imposed upon the extended permit; and –Whether access to quantities of water beyond those Development Limitations will be needed in the next 20 years (i.e., access to Greenlight Water).

67. Water Supply Element To request access to Greenlight Water under an extended permit, the WMCP must document: –A development schedule for any lower-cost conservation measures, if any; –Justification that the extended permit is the most feasible and appropriate water supply alternative; and –The supplier is complying with mitigation requirements, if any, associated with further development of the extended permit.

68. Submittal of WMCP to OWRD At least 30 days prior to submitting the WMCP to OWRD, the supplier… –must provide notice to all affected local governments and make it available for review; and –include a request for comments relating to consistency with the local governments comprehensive land use plan. If any comments received, must provide a copy to OWRD.

69. Submittal of WMCP to OWRD Include the required fee for submittal of a WMCP: –$900 for municipal water suppliers serving a population of 1,000 or fewer; or –$1,800 for municipal water suppliers serving a population more than 1,000. Fees effective as of July 1, 2013 See: ORS 536.050(1)(u)

70. Water Use Efficiency Standards in the State of Oregon

71. Water Use Efficiency Standards OAR Chapter 690, Division 086 (WMCPs) –Reduce non-revenue water to 15%, and in certain circumstances to 10%. OAR Chapter 690, Divisions 400 & 410 –OWRD has authority to enforce against, and to prevent, wasteful uses of water. OAR 690-400-0010(6) –In Oregon, waste is defined as: …the continued use of more water than is needed to satisfy the specific beneficial uses for which a right was granted.

72. - of Gresham - Oregon Success Stories - City of Gresham - Advanced Metering Infrastructure (AMI) technology Replaced all small residential and commercial meters (1-inch & smaller) –Approximately 16,000 AMI meters installed over a 7-month period in 2011. Began replacing large meters (industrial & commercial) in 2012. –Have installed 535 AMI meters to date. –Within 15 meters of being complete.

73. Oregon Success Stories - City of Corvallis - Leak Detection Surveys 2003/2004 survey: –80 miles of pipeline / 53 leaks. –Leak repairs saved the City an estimated 30.5 MG of water each year and $43,000. 2009 survey: –129 miles of pipeline / 44 leaks. Process Modifications - water treatment plant Saves an estimated 8 MG gallons of water per year.

74. Oregon Success Stories - City of Bend - Metered Service Connections Prior to 1998, 51% of Bends 12,300+ service connections were unmetered. Bend is now a fully metered system (since December 2004). –Recently upgraded to AMI technology. All fire hydrant use within Bends service area requires metering. –Better tracking of non-fire-related hydrant water use.

75. Oregon Success Stories - City of Hillsboro - Annual Water Audit Irregularities Water audits between 2002 and 2008 showed an average system gain of 10% (or -10% loss) Began troubleshooting to determine cause of system gain. Eventually traced to 12 sonic master meters. –Over 10 years old; and –Could not be calibrated. Replaced with magnetic meters. –Now in range of 3% loss.

76. Oregon Success Stories - City of Columbia City - Reduction of Leaks In early 2002, Columbia Citys water losses had reached 35%. By 2010, the City had reduced its water losses down to 10% through: –Water audits performed on a monthly basis; –Leak detection practices; and –Giving high priority to repair of those leaks. Reduction of System Pressure Also recently received funding to undertake a new project to control system pressure.

77. Oregon Success Stories - Eugene Water & Electric Board - Toilet Rebate Program About 1,600 inefficient toilets were replaced between 1995 and 2008 Saves an estimated 34 MG of water per year Sustainable Landscape Program Workshop EWEB assisted Lane County Extension Service with development of program Promotes efficient landscape irrigation In 2012, residents within EWEBs service area reduced outdoor water use by 205,000 gallons

78. Oregon Success Stories - Medford Water Commission - Public Education on Landscaping Launched a website to promote efficient water use for landscaping. www.medford.watersmartgardening.com Landscape Ordinance Revised city landscape ordinance to insert water efficiency provisions for multi-family residential, commercial and industrial. –City Council approved in June 2013 –Went into effect December 2013

79. Links and Resources OWRD Website: www.oregon.gov/OWRD.pages.index.aspx Oregon Water Law: www.oregon.gov/owrd/Pages/law/index.aspx Municipal Water Management: www.oregon.gov/owrd/pages/mgmt_muni_wmcp.aspx OWRD Conservation Share-House webpage: WMCP Guidebook & Water Right Inventory Table www.oregon.gov/owrd/Pages/Conservation_Sharehouse.aspx

80. Questions ? Lisa Jaramillo, Water Management & Conservation OWRD Water Right Services Division Phone: 503-986-0880 E-Mail: lisa.j.jaramillo@state.or.us General OWRD Phone: 503-986-0900 Website: www.wrd.state.or.us