How It Works: Pumping groundwater from a drilled well on the property.

The 15,000-Gallon Exemption: Single-family homes do not need a formal water right permit if water use is strictly for household domestic needs (up to 15,000 gallons per day) and non-commercial lawn/garden watering (up to 1/2 acre).
Real Estate Transaction Impact:

Mandatory Seller Testing: Under state law (ORS 448.271), sellers are legally required to test the well for Nitrates, Total Coliform Bacteria, and Arsenic, and provide results to both the buyer and the Oregon Health Authority (OHA). This requirement cannot be waived by contract.
Due Diligence: Buyers should pull the official OWRD Well Log to verify depth and original flow rate, and order a professional 3–4 hour pump flow test to confirm current yield (gallons per minute).

 

How It Works: Natural water emerging at the ground surface.
The Permitting Trap: Buyers often assume a spring on private land belongs entirely to the property owner. In reality, capturing and using spring water usually requires a formal Water Right Permit from the state, unless the spring is entirely self-contained on the lot with no natural channel leaving the boundaries.
Real Estate Transaction Impact:

Financing Hurdles: Traditional mortgage lenders can be hesitant to fund homes reliant solely on an unpermitted spring.

Due Diligence: Always check if a recorded water right permit or certificate exists for the spring. If the spring sits on a neighboring lot, buyers must verify a legally recorded Water Line Easement & Maintenance Agreement.
 

How It Works: State-issued legal permission to use public water for specific purposes (such as irrigating crops, watering pasture, or commercial operations). Oregon follows the "prior appropriation" rule—older rights take priority during dry seasons.
The "Use It or Lose It" Rule: Water rights remain attached to the land when sold, but if a right goes completely unused for 5 consecutive years, it can be forfeited back to the state.
Real Estate Transaction Impact:

Verification: Having a ditch, pipe, or pond on a property does not guarantee a legal water right. Buyers should cross-reference tax maps with the OWRD database to confirm active permits or certificates.
Transfer Process: After closing, the buyer must submit an Ownership Update Form to the Oregon Water Resources Department to transfer the state record into their name.