Why is Water SO Important?
Live Water Properties!
Out of all of the requests we get for features from rural property buyers, including what a buyer wants in a home, privacy, views, access to public lands, location, barns and shops, etc., water has become the #1 most requested item.
Water has to be looked at as both an aesthetic and as a resource.
Water as an Aesthetic, we are talking about what we call in the land sales industry “Live Water Properties.”
Generally speaking, there are four different types of live water properties in the region: riverfront, creekfront, private pond or reservoir, and lakefront properties. Though each of these features may also hold a significant resource value, the Aesthetic or Lifestyle value is often equal to, or greater than, the resource value. For example, a beautiful home that sits overlooking the river could easily sell for several hundred thousand dollars more than an equal home and property not overlooking the river. It is a fact that people from all walks of life enjoy the water, whether you are fishing or just enjoying the tranquility of the moving water, live water is only becoming more sought after.
Water as a Resource, which is the actual use of water. This use can come in many forms and includes household use, the irrigation of land and other uses as well.
What are Water Rights? | Live Water Properties
Oregon water law is comprehensive, and we at MOPG are not attorneys (and thus this is not legal advice).
We feel that any time we discuss water as a resource, a short summary of Water Rights is helpful. As a landowner in Oregon, it’s crucial to understand your allowed uses and, if you have water rights, what those water rights allow for.
First, all water in Oregon is governed by the state, meaning that the state has authority over its allocation and usage. Water use is regulated under Oregon law, and any use that is not considered exempt requires a water right. The best example of an exempt use is a private domestic well for household water supply. Within this exempt use are provisions for general domestic use, small non-commercial gardens and landscaping and stock water. There are further guidelines but this is generally what is allowed with any private well.
Non-exempt uses that require a water right encompass a wide range of activities, including but not limited to irrigation of pastures and crops, storage of water in ponds or reservoirs, and hydroelectric production to name a few. Each water right is established based on several key attributes: the type of use (e.g., irrigation, domestic), the source of water (e.g., river, well), the place of use, the place of diversion, the total amount of allowed use, the timing of use, and the priority date.
The priority date is a critical aspect of water rights. It determines the seniority of the right, which can significantly impact its strength. A senior water right, based on an earlier priority date, holds more authority in times of water regulation.
In summary, understanding Oregon water involves grasping the difference between exempt and non-exempt water uses, the attributes and priorities of water rights, and the significance of water source reliability in determining the strength of water rights. This knowledge is essential for landowners to navigate the ownership of rural lands in Oregon.
The Strength of a Water Right? | Live Water Properties
Touching briefly on the strength of water rights, it primarily hinges on two factors: the seniority of the water right and the reliability of the water source.
Like other western states, Oregon follows the doctrine of prior appropriation, or “first in time, first in right.” In other words, whoever has the oldest priority date will be the last to be regulated “off” by Oregon Water Resources in the event of water shortage on the subject source. The priority date is only half the equation because not all water sources are even close to equal.
The best example of a strong water source is the Rogue River, which is typically regarded as the most secure source in southern Oregon due to its supply from live flows and the reserves from Lost Creek Reservoir. Currently, even junior water rights face no usage restrictions.
A good example of a water source where priority date can mean the difference between a strong water right and very weak water right is South Fork Little Butte Creek. Junior water rights on this creek often experience annual usage regulations.
This can be very difficult if you are buying a property during spring or winter (or a non-drought year for that matter) and have no way of knowing what the water level looks like come summer and early fall. Lastly, small creeks and springs exemplify how a lack of local stream flow knowledge can pose challenges, even with a senior water right. While these sources may have historically provided sufficient water to issue water rights, today, summer flows can dwindle to nothing.
To summarize, having the most senior water right on a less reliable water source doesn’t guarantee a strong water right. On the other hand, a very junior right on a robust source like the Rogue River can still be a viable option. However, the strongest water rights combine both seniority and a dependable water source.
MARTIN OUTDOOR PROPERTY GROUP – Oregon Live Water Properties Specialists
Martin Outdoor Property Group, in partnership with Land Leader, is a leading Southern Oregon Real Estate brokerage for live water properties – including rivers, creeks, and ponds. MOPG specializes in high quality marketing of vineyards, vineyard estate properties, ranches, luxury rural residential, and live water properties in the Rogue Valley.