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Eligible Water Rights

Most existing surface water rights are eligible to lease to instream use. However, to lease water to instream uses, the lease must not injure other existing water rights. Certificates and court decreed rights for surface water and water stored in a reservoir are eligible to lease to instream use. Water that is saved for use through the allocation of conserved water program may also be leased, as well as secondary rights for stored water.

Water right 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 water rights to use stored water may be leased provided that the primary right to store water, is fully developed). 
  • Senate Bill 206 allows “determined claims,” being water rights determined and established in the Klamath Basin Adjudication Corrected Partial Order of Determination, to be temporarily leased instream for up to five years.  An instream lease application shall not be approved if the determined claim has been stayed by a court judgement or if its approval would cause enlargement or injury to another claim or water right. The ability to submit an instream lease application that includes a determined claim expires January 2, 2026, the expiration date for Senate Bill 206.

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