Water Rights Permit Is Needed to Tap Spring

Abstract

Dorothy Norden owns land that borders McKay Creek in Umatilla County, Ore. A spring on the property flows down a rock‐lined channel until part of it is diverted into an irrigation ditch and part is diverted into a pond. An older, unlined channel runs from the two diversions toward the creek. In 1994, a state watermaster concluded that water flowing from the spring down the rock‐lined channel, if not for the diversion, would continue to flow into the creek and eventually into the Umatilla River. The watermaster ordered Norden to obtain a water rights permit before she was entitled to divert water. Norden petitioned for review. The trial court ruled for her. The Court of Appeals of Oregon said testimony showed that the rock‐lined channel was in fact an improved natural channel. Even if the channel was entirely filled in, the spring flowed in sufficient quantity and the ground was sufficiently saturated that the water would make its way to the creek. Thus, the appellate court said the trial court had erred in reversing the watermaster's order. Norden was required to obtain a water rights permit to use water from the spring.