Published in Fall 2023
By: Melissa Fery, OSU Small Farms Program
Legal access to irrigation water is a big deal for small commercial farms and many new and beginning farmers are unaware of the situation.
There are 5 options to obtain a legal source of water for commercial irrigation:
1. Capture rainwater from an artificial impervious surface (roof), store in tanks and use when needed. Exempt under ORS 537.141
2. Haul water in from a legal municipal source, store in tanks and use when needed. No water right required.
3. Apply for a new Groundwater Permit (this would be for an irrigation well).
4. Apply for a right to store water in a pond and then a secondary water right to use the stored water for irrigation.
5. File a Transfer application to move an existing water right to a new property.
The person that works to regulate water rights and assist landowners with answering specific water access questions is a Water Master. They work for the Oregon Water Resources Department.
People often ask me why they can’t use their home or domestic well. The rules are complex but essentially domestic wells have exemptions to allow a home owner to use groundwater for purposes related to home use, not a commercial farm business.
The exemptions are:
Domestic use- 15,000 gallons/day
½ acre of land (non-commercial-typically lawn and garden)
Livestock watering
Fire control
The handout linked below was written by the OWRD for cannabis producers because so many of them got started using domestic wells, either not knowing or not caring, or maybe some of both. The information is true for any irrigated crop and I wish they’d write one that says as much. But when cannabis production exploded and the OWRD had to respond due to the high number complaints there were getting they shared out this information. https://www.oregon.gov/owrd/Documents/Water_Use_and_Marijuana_Handout_FI...
Here’s some additional information that you might find helpful.
- A new bill (House Bill 3372 - 2025) has changed regulations on ground water use for commercial and noncommercial land. Read more about it here: https://olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB3372
• For a brief overview of water rights and water law in Oregon, refer to the Aqua Book.
• For a brief introduction to wells in Oregon, refer to the Water Well Owner’s Handbook.
• For a brief overview of dam safety requirements, refer to the Dam Safety in Oregon brochure.
• You can research information about wells using the Well Log Query.
• Identify Water Rights and other information in your area using the Water Right Mapping Tool.
• Find a tax lot map using the OR Map webpage