• Standard Leases are appropriate for most leases involving water rights held by individuals and are initiated by submission of the Standard Lease Form: (DOC 147 KB)  (PDF 46 KB). If more than one water right is to be involved in the lease, an Additional Water Rights Form must be included for each of the additional water rights involved: (DOC 88 KB)  (PDF 31 KB).
   
• Pooled Leases are most frequently used by irrigation districts who wish to group or "pool" multiple landowners on the same Pooled Lease Application: (DOC 122 KB)  (PDF 44 KB). If more than one water right is involved, an Additional Water Rights Form must be included: (DOC 84 KB)  (PDF 28 KB). A Landowner Information Form must be provided for each owner of lands included in the pooled lease: (DOC 122 KB)  (PDF 44 KB). Finally, an Additional Water Right Holder Form must be included if there is more than one water right on any of the lands involved in the pooled lease: (DOC 109 KB)  (PDF 26 KB).
   
• Lease Renewals allow the extension an existing leases provided no other changes in the lease are proposed. To extend a lease, the lessee or lessor must submit a Lease Renewal Form: (DOC 77 KB)  (PDF 28 KB).
   
• Split Season Leases are used if the water right is to be used for both the existing authorized purpose and for instream use during the same year. Such a lease can be initiated by submittal of a Split Season Lease Form: (DOC 96 KB)  (PDF 27 KB). A water right holder with a split season lease must measure and report to the Department the water used for the authorized purpose and for the instream use using the Split Season Lease Measurement Form: (DOC 85 KB)  (PDF 23 KB).

Water rights eligible to be leased are:

• Rights to use surface water and rights to store water in a reservoir which have been established by court decree and certificate.
• The conserver’s portion of conserved water allocated under the Allocation of Conserved Water Program.
• Secondary rights to use stored water (permitted or certificated stored water rights may be leased).

The length of term of an instream use lease cannot exceed five years or, in the case of irrigation rights, five irrigation seasons. However, leases may be renewed an unlimited number of times.

No. Leases of rights for instream use will require the lessor to suspend use of both primary and supplemental sources under the subject water right during the term of the lease.

Only when the water right to be leased is for supplemental use of legally stored water. The supplemental right to store water, which the right holder would have to characterize as excess water, is eligible to be leased. This is the only instance in which use under the primary right can continue.

Yes, if “portion of a water right” is defined as the portion that irrigates a distinct tract of land which, will not receive water during the term of the lease. A portion of a water right is not a percentage of a total seasonal volume. In other words, a user cannot use less water than usual to irrigate the traditional number of acres and then lease the remaining volume of water, unless a "Split-Season Use Instream Lease" is involved and the instream and existing use occur at different times.

A Lease Agreement can be executed midway through an irrigation season if it is submitted prior to July 1. However, if the original right has been used to irrigate lands, it cannot be used instream during the same season, unless a "Split-Season Use Instream Lease" is involved. In this case, prior to water being used, the applicant must submit the lease application to the Department and must monitor and report the existing use). Thus, if irrigation has already taken place in a given season, a lease cannot take effect until the following irrigation season.

Yes. The new instream use must be consistent with the general provisions for instream water rights. The new instream use must serve a public use, as defined by rule. Allowable public uses include recreation, scenic attraction, aquatic and fish life, wildlife habitat and ecological values, pollution abatement and navigation.

The irrigation district would submit a Pooled District Form to the Department. It must include landowner and water right information for each participating landowner. The Pooled Landowner Form serves as a contract between a landowner and an irrigation district. The irrigation district would submit a completed Pooled Landowner Form for each participating landowner as an addendum to its own completed Pooled District Form.

No. Water rights are generally subject to forfeiture after five years of non-use. However, the Department has issued a letter (PDF 22KB) concluding that water right appurtenant to lands enrolled in the Conservation Reserve Enhancement Program (CREP) are not subject to forfeiture during the enrollment period. However, landowners may still want to consider leasing the rights for instream use during this period.

Oregon Water Trust
522 SW Fifth Avenue, Suite 825, Portland, OR 97204
Contact by e-mail         Phone: (503) 226-9055
 
Deschutes River Conservancy
P.O. Box 1560, Bend, OR 97709-1560
Contact by e-mail          Phone: (541) 382-4077
 
Klamath Basin Rangeland Trust
340 A Street, Suite 302, Ashland, OR  97520
Contact by E-mail          Phone: (541) 488-4822