LOC News
Oregon Court Rules in Favor of Public Bodies
On Wednesday, the Oregon Court of Appeals published an opinion in Bridge Creek Ranch, LLC v. Oregon Water Resources District (OWRD), affirming a trial court’s ruling favoring the LOC’s amicus position – along with the Oregon Water Utility Council (OWUC) and the Special Districts Association Organization (SDAO) – which instructed the OWRD to accept and process storage water right transfer applications based on their existing statutory authority.
The issue before the court was whether the OWRD had the authority to allow the holder of a certificated storage water right to make changes to the point of division (POD) and/or the place of use (POU) of that water right without losing its priority date.
The LOC’s interest in this case arose because the question in front of the Court of Appeals, if resolved according to the OWRD’s proposed interpretation, could have negatively affected the ability of all cities in Oregon to provide the core services for which they are incorporated. Specifically, the ability to make changes to the POD and POU of storage water rights is critical to manage Oregon’s water resources because it allows water users, including cities, to adapt the use of stored water to changing needs and conditions.
The LOC believes that this court ruling reflects the public’s best interest in the management of water supplies and directs the OWRD to resume processing storage water rights transfer requests. This will allow municipal water providers some flexibility in managing stored water for future needs and upgrade their facilities for seismic resiliency.
There is a potential for the OWRD to file an appeal with the Oregon Supreme Court, although the agency has indicated it does not intend to appeal the decision. The LOC will keep its members apprised of any ongoing litigation on this matter.
Special thanks to Olivier Jamin and Veronica Muriel Carrioni from the firm of Davis Wright Tremaine, LLP, for their work in representing the LOC, the SDAO, and the OWUC in this matter.
Contact: Jayme Pierce, General Counsel - jpierce@orcities.org
Last Updated 12/22/23