Layered Water Rights

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Layered Water Rights. Susan Douthit District Water Right Analyst CWRE Workshops Fall 2012. Layered Water Rights. Definition Why is it important? Tools to identify. Options once identified. What is a Layered Water Right?. - PowerPoint PPT Presentation

Transcript of Layered Water Rights

  • Layered Water Rights

    Susan DouthitDistrict Water Right Analyst

    CWRE Workshops Fall 2012

  • Layered Water Rights

    DefinitionWhy is it important?Tools to identify.Options once identified.

  • What is a Layered Water Right?

    . . .a situation in which there are multiple water uses subject to transfer, permits or certificates of registration that are appurtenant to the same place of use and that have been issued for the purpose of irrigation.

    OAR 690-380-0100

  • Why is it important to identify layered water rights?

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

  • Tools to identify layered water rights

    Landowner Electronic Plat CardsInteractive MapperDistrict personnel (if w/in)

  • Quick step by stepElectronic Plat CardsElectronic Plat Card MapsInteractive Mapper

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

  • Electronic Plat Cards

  • Electronic Plat Card

  • Electronic Plat card

  • Plat Card Maps

  • Plat Card Map Example

  • Interactive Mapper

  • From the WRDs home page

  • Layered right

  • Getting details

  • Results of identifying

  • Four OptionsInclude the supplemental right/permit/GR in the application, if the intent is to move with primary right.Voluntarily cancel it.Move supplemental right separately to a like primary. Withdraw application.

  • Option #1

    Include the layered supplementalin the transfer for concurrent changes.

  • Option #2Voluntary cancellationSubmission of a voluntary cancellation affidavit.Cancellation will be incorporated into the transfer order.If involved in permit issuance, separate order cancelling portion/entirety of right that overlaps new permit will be issued.If involved in certificate issuance, separate order cancelling will be generated.

  • Option #3Move supplemental to a like primary

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

  • Option #4

    Withdraw the application.

  • Questions?Susan 503-986-0858 [email protected]

  • Flow RestorationInstream LeasesContact Laura Wilke 503-986-0884

    Allocation of Conserved WaterContact Kody Thurgood 503-986-0892

    Intro name title w/dept previous to dept military bratWhat I want to cover is whats a layered right, why is it important, ways to id, and paths to resolveEnlargement is the concern. Your clients wont get their transactions completed until resolution is obtained. If layered not identified it may limit what the applicants can do in the future. For example, if the applicant proposes to move water on to another water right, the department mSeveral ways to identify landowner is likely the start point. Do they have a well on the property? Conversely, LO may not be aware of a very old, non-used right established long before they bought property or area was urbanized.WM often have first hand knowledge of what, if anything, else is appurtenant.Interactive mapper well go into detail a bit here. If property is w/in a district CONTACT district to coordinate. District water right can be layered just like individual rights.Nav to home page then click lookup water rigths = WRIS

    Tabular plat card is tried and true. This tool has been around for years and is probably the most used tool for discovering layered water rights as well as water rights in the same Section. From home page, www.wrd.state.or.us, select lookup water right (portal to WRIS), then select platcard.

    Enter trs, search and listing of all water rights will displayHINT-increase to 100 the records per page

    Details of plat card water right #, transfers filed against w/r, use, how to read q/q listing

    Example of what the plat card map looks like this is the example of by use. This function also includes a listing of water rights much like the column-ized plat card.30s6w29/28 Illustrates layered water rights.At the top of the screen is an identify buttom. If you rubber-band an area / click+drag youll get info

    Email the caseworker or drop a letter in the mail. Revised map likely needed and addl fee. ($400 if permanent, $200 if temp)Voluntary cancellation affidavits are available online.Like = same source, no injury, similar manner of regulation construct, priority date, return flows. Staff will review to assure no injury or enlargementThere are two very strong tools available to your clients. The first is instream leases. For example, If you know of someone who hasnt used their wr in four consecutive years, theres an opportunity thru this program to park the wr instream. This parking is considered beneficial use so the forfeiture clock stops and resets. Deadline for RECEIPT of application, if for irrigation, is June 30 other uses September 30.Allocations of Conserved Water is an avenue ot water dry lands. It might be an option for some of your clients if, say, they are installing a new more efficient system anyhow. OR, if they dont have any dry land they want to water, this would afford them an opportunity for example to sell it to someone else for their mitigation obligations. More information, please contact Laura or Kody.