In 2025, the Oregon Legislature passed legislation enabling OWRD to make water right processes more efficient and transparent. OWRD is also working to standardize and improve department processes. Some of these provisions (House Bill 3544, 2025) go into effect January 1, 2026. More water right process changes resulting from other legislative and rulemaking efforts will go into effect April 1, 2026. OWRD will communicate those changes in advance of that date.
Visit the 2025-26 Water Rights Rulemaking page for more information on that process.
Provisions Effective January 1, 2026
- Standardized document names: OWRD is standardizing document names across all processes for consistency. This does not add new requirements, actions, or processes.
- “Draft Preliminary Determinations" will be called “Initial Reviews"
- “Preliminary Determinations" will be called “Proposed Final Orders"
- Automatic Final Orders: Proposed Final Orders (PFOs) for affected processes automatically become final orders 33 days after the close of the protest period if no protest is received, unless OWRD withdraws the PFO.
- Updated and standardized protest filing requirements: All timely protests for affected processes must:
- Be submitted in writing with the protestant's name, address and phone number, and include relevant fees.
- Describe the protestant's interest in the PFO and, if claiming to represent the public interest, include a precise statement of that public interest.
- Describe how the action proposed would impair or harm the protestant's interest or the public interest.
- Raise all reasonably ascertainable issues and include all reasonably available supporting arguments.
- Raise all issues with sufficient specificity.
- Include citations of legal authority supporting the protest, if known.
- OWRD will continue to list protest requirements in each PFO.
- Streamlined request for party status: Anyone supporting a PFO for an affected process may submit a request for party status and relevant fees within 30 days after the protest period closes, but only if a protest is filed
These water right processes will be subject to automatic final order provisions, updated protest requirements, and the party status requirements:
- New water right applications (ORS 537.150; ORS 537.610)
- Permanent transfers (ORS 540.520)
- Allocation of conserved water (537.470)
- Substitutions of supplemental groundwater right for a primary surface water right (ORS 540.524)
- Clarifications (540.560)
- Cancellation of water right certificates for nonuse (ORS 540.610 to ORS 540.670)
- Cancellation of hydroelectric permits and certificates (ORS 537.295 and 537.297)
- Cancellation of water right permits (ORS 537.410 to 537.450)
- Assignment of a permit and issuance of new permits, also called split-a-permit (ORS 537.225) (party status provisions do not apply)
- Alternative reservoirs (ORS 537.409) (automatic final order provisions do not apply)
Who is impacted by these changes
- Applicants with a PFO for an affected process issued on or after January 1, 2026, are subject to the automatic final order and updated protest requirements.
- Anyone protesting or requesting party status for a PFO for an affected process issued on or after January 1, 2026, must follow the updated protest filing and party status requirements.
- Anyone who protested a PFO for an affected process that has not yet been referred to the Office of Administrative Hearings before January 1, 2026, will need to comply with the updated protest requirements. OWRD will notify protestants directly in April 2026. No action is needed until you receive that notice.
- Anyone who submitted a request for standing for an affected process and has not yet filed a request for party status as of January 1, 2026, will need to comply with the new party status requirements. OWRD will notify these parties directly in April 2026. No action is needed until you receive that notice.
What is happening from now until January 1, 2026
Brief pause in issuing proposed final orders
In late November, the Water Rights Section and the Transfer and Conservation Section temporarily paused issuing Proposed Final Orders (PFOs) until after January 1, 2026. This avoids protest periods that span before and after the effective date, which would create different requirements and timelines for the same PFO.
The sections will continue to issue other documents, including initial reviews and final orders. Drafting of PFOs continues, with planned issuance after January 1, 2026.
Updated coversheets and PFO language
OWRD has updated PFOs and cover letters to show when a PFO will become final, requirements and timelines for filing a protest, and requirements and timelines for requesting standing.
What you can do to prepare for these changes
Promptly review proposed final orders and any supporting documents as soon as you or your consultant receives them. Final orders resulting from unprotested PFOs cannot be appealed. The protest period is the appropriate time to challenge an OWRD decision.
Read all correspondence from OWRD carefully. As OWRD sends notices for bringing protests and standing statement requests into compliance, please provide requested information promptly to keep contested cases moving forward. Contact OWRD immediately if you have questions.
Sign up for OWRD's weekly public notice. This free digital publication lists water right decisions and reviews completed by OWRD, applications received, and public comment opportunities. Sign up here.
Monitor the Water Rights Information System (WRIS). WRIS shows OWRD-issued documents as well as information about application processing. When a timely protest has been filed, OWRD updates the "Processing History" section of the applications WRIS page. OWRD aims to update WRIS to reflect the filing of timely protests within seven business days after the close of the protest period. Visit WRIS here.