Oregon Water Resources Department
Instream Transfers Permanent or Time-Limited • Time-limited may end after set number of years or set conditions being triggered � Reverts back to original place and type of use Similar criteria as for other types of transfers • No Injury to other existing water rights • No Enlargement of the water right being transferred � Must “dry up” the “from” lands 2
Instream Leases Lease term may be 1 to 5 years • No limit on renewability Full season or split-season instream lease • In general, out-of-stream use suspended for duration • Split season = 1 out-of-stream use period and 1 instream use period during same irrigation season Again, similar criteria as for transfers • No injury and No Enlargement 3
Evidence of Use – Instream Transfers & Leases Leases (OAR 690-077-0076) Transfers (OAR 690-380-3000) Statement verifying use in last 5 Affidavit(s) attesting personal knowledge years of use in last 5 years and or Supporting evidence Verification of delivery of water by (e.g., crop receipts, FSA reports, district water purveyor/District records, dated aerial photos) or or Explanation of why right is not Explanation of why right is not subject to subject to forfeiture under ORS forfeiture under ORS 540.610 540.610 4
Deal Breakers – Instream Transfers & Leases • Cannot injure other water rights • Cannot result in enlargement of right • Land must be dried up • Typically protect flows from point of diversion downstream to mouth of stream � If measurable quantity, can be protected further downstream into a receiving stream � Instream reach can be as short as a point • Leases - can be modified or terminated after approval if injury discovered 5
Advantages of Leasing For the stream � Could increase stream flows � Could provide for additional flows during droughts � Longer leases could provide stream flow stability For Water Right Holder � Provides security (will not lose water right) � Allows holder to provide environmental benefits � Allows for flexibility in changing practices or uses � Provides for testing or modifying water needs without risk � Could lead to permanent transfer of a portion or all of a water right 6
Lease Submission Deadlines Seasonal rights � Prior to July 1 Year round rights � Prior to October 1 Split-season lease � Minimum of 2 weeks prior to any use on land or instream use 7
Allocation of Conserved Water Ditch or Canal Piping or Lining A conservation measure is the physical change that allows a water user to satisfy an existing beneficial use with less water. Wheel Lines and Sprinklers to Center Pivot with Drop Pipe Irrigation Photo Credit: Kyle Gorman, OWRD Staff Photo Credit: T.P. Martens Flickr Creative Commons 8
ACW – The Basics • Only decreed or certificated water rights eligible • Conservation measures must be implemented no more than 5 years prior to date of application • Conservation measures cannot expand/enlarge the water right Photo Credit: Kyle Gorman, OWRD Staff or harm other existing rights
ACW – The Basics • Allocation of water conserved based on: � Amount of non-reimbursable federal and state funds (grants) received by applicant � Up to a maximum of 75% of conserved water goes to the state, unless applicant agrees to allocate more to the state • State’s portion of conserved water converted to an instream water right if determined the water is necessary to support instream flow purposes 10
ACW – STATISTICS Processing time for new application � Approximately 6 months for approval � Completion and Finalization dependent on applicant timeline (completion of construction and up to 5 years for testing) To date: 105 Applications have been filed � 9 – pending approval � 4 – approved, but pending completion of construction � 5 – construction completed , but pending finalization (in 5-year testing phase) � 13 – denied or withdrawn � 74 – finalized ACW program has resulted in approximately 213.6 cfs protected instream 11
Forbearance Agreements Basics • Rarely used; not advertised • Temporary short-term fixes • Potential mitigation tool to offset impacts to resource or other water rights • Private contract (OWRD not involved) Difficulties • Hard to find legitimate senior water rights to “forbear” that will provide real mitigation to offset impacts � If can’t show evidence of use (right not actively used), it won’t provide “real” offset • OWRD does not have any statutory authority pertaining to forbearance agreements 12
Water Use Measurement Why we measure • Water regulation and distribution • Timely and efficient dispute resolution • Confirm water right compliance • Data collection for scientific studies 13
Water Use Measurement Measuring Programs • Commission’s 2000 water measurement strategy • Cost share program to facilitate device installation • Remote sensing technology 14
Water Use Measurement Measurement vs Reporting • Broader authority to require measurement • Measurement is obtained via: - significant points of diversion program (SigPODs) - permit condition - order of the Watermaster - voluntary, such as through cost-share program 15
Measurement & Reporting Measurement & reporting required for: • Water rights with permit conditions (early 1990s) • Water rights held by a governmental entity (ORS 537.099) • Water rights in a Serious Water Management Problem Area • Typical reporting is monthly totals, reported annually 16
Water Right Statistics • Close to 89,000 water rights issued in Oregon (surface water, groundwater, and storage) • 14,800 (17%) are required to measure and report water use • In 2015, the Department received water use data for 10,200 water rights (11% of total water rights; 70% compliance rate) 17
Water Use Data Options Water Level, $ STAGE RATE Instantaneous; units of gpm, cfs, $$ DUTY Volume; units of acre-feet, gallons, $$$$ Data transmitted to database system, $$$$$ REAL-TIME Remote sensing, $$$$$? BASIN-WIDE
Selecting the right device • Not one-size-fits-all (e.g., gravity vs. pressurized) • Piped diversion versus ditch or canal • Open channel (stream and river, reservoirs) • What the information will be used for • Many factors to consider when selecting measuring option • Accuracy • Longevity • Other factors (topography, tidal influence, etc.) 19
Flow Restrictor 20
Rectangular orifice and weir 21
36-inch submerged orifice 22
Parshall flumes 23
Ramp flume with recorder 24
Totalizing flow meter 25
Real-time data: gaging station 26
Remote Sensing ET from individual fields can be valuable for: � Water Rights, � Water Transfers, � Farm Water Management K c 0.00 0.3 0.6 0.9 1.2 Source: Rick Allen, University of Idaho 1.4 27
Questions 28
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