Webinar on Recent Developments in Oregon Water Rights Administration 

Please join the Water Resources Committee lunch-time webinar on recent challenges experienced by two Oregon municipalities when they applied for time extensions to develop their water rights.

Abstract:  Once a routine administrative process, extensions of time to develop municipal water rights in Oregon have become contentious. Two recent decisions of the Oregon Court of Appeals involve challenges to extensions granted to the City of Cottage Grove and a consolidated group of Clackamas River public water providers.  The decisions interpret a 2005 law that established special rules and procedures for municipalities and districts; certain extensions must include conditions to ensure that completion of the “undeveloped portion” will maintain “the persistence of fish species.”  In the Cottage Grove case, the issue was whether there remained any “undeveloped portion” as the city had completed construction of its water works between 1999, the time the last extension was granted, and the new extension’s approval.  The court held that the “undeveloped portion” retroactively applies to the date of the last extension and so fish persistence conditions were required.  In addition, the court vacated the water right certificate granted to the city.  In the Clackamas case, the issue was whether the conditions imposed by the Oregon Water Resources Department in fact would maintain fish persistence.  The court sent the case back to the WRD to explain how the conditions would be protective.  Both cases present serious concerns about the reliability of older municipal water rights and the ultimate cost to develop them.

Presenter:  Rick Glick is a partner in the Portland office of Davis Wright Tremaine LLP.  His practice emphasizes major infrastructure development, including municipal water systems and water rights.  DWT submitted friend-of-the-court briefs on behalf of OWUC and the League of Oregon Cities in the Cottage Grove and Clackamas cases.