Klamath Falls Herald and News
September 13, 2008
The Oregon water
adjudication process was established 100 years
ago by state lawmakers to acknowledge vested
water rights, or water rights that existed
before the state’s water laws were established.
Adjudication is broken
into two phases: administrative and judicial.
The administrative phase involves the state’s
water resources department collecting
documentation regarding claims of water rights
as well as any challenges to those claims.
The state’s adjudicator
settles and
defines the claims and challenges before issuing
an order. The order interprets water law in the
region in question until the courts issue a
final decree.
Once there is an order, the matter is
turned over to the local circuit court for any
legal challenges. The regular appeals process
applies and a final decision over the state’s
order can potentially appear before the U.S.
Supreme Court.
It is not unheard of
for water adjudication judicial proceedings to
continue for half a century.