LAWSUITS FILED OR PENDING

June 2008

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Oregon Supreme Court to Decide if Landowner Is Entitled to Pursue Water Rights Transfer without Irrigation District Consent
Fort Vannoy Irrigation District v. Oregon Water Resources Commission

As summarized at 11 West. Water L. & Pol’y Rptr. 325 (Oct. 2007), the Oregon Court of Appeals held in Fort Vannoy Irrigation District v. Water Resources Commission, 214 Or. App. 88 (2007), that an irrigation district possessing a water right certificate is the “holder of a water use subject to transfer” under ORS 540.510 and ORS 540.520 (Oregon’s general water right transfer statutes). In reversing and remanding an order of the Oregon Water Resources Commission (Water Resources Commission), the Court of Appeals concluded that the appurtenant landowner and beneficial user is not a “holder” entitled to pursue a transfer when the water right certificate is issued in the name of an irrigation district. The Water Resources Commission and the landowner filed separated petitions for review with the Oregon Supreme Court, both of which were granted. The parties and several amici curiae have filed briefs on the merits and oral argument was heard on May 13, 2008. Some view this case as an opportunity for the Court to address the highly contentious issue of water right ownership within irrigation districts, while others believe the court can determine who is a “holder” for transfer purposes while avoiding questions of ownership.