Testing Prior Appropriation as Drought and Climate Change Push States Toward Water Code Reform: Lessons From and For Oregon

Authors

• Adell L. Amos, University of Oregon, School of LawFollow

Abstract

Part I outlines approaches to addressing the challenges that have arisen in water management under state water codes that have been considered—some adopted, and some still under consideration—in Oregon. This section examines some historical material on Oregon water law and describes the current moment as a way for setting the stage for the work that is currently underway. The dynamics described for Oregon are replicated in many western states. So, while the details are Oregon-related, the storyline is a familiar one in the West.2 Part II describes the efforts of a working group of water law attorneys that the Oregon Governor’s Natural Resource Office asked to make recommendations regarding initial steps to reform Oregon’s water code and associated regulatory and administrative decisionmaking structures. Part III examines the most recent legislative session in Oregon and describes the bills that passed and those that did not. This section foreshadows future work that still needs to be done to move Oregon’s water code and its administration forward. Part IV highlights comparative innovations from other western states that may offer additional ideas as policymakers face significant water resource challenges and search for possible ways to responsibly address them. The article concludes in Part V as I did in the delivered lecture, with a set of thematic recommendations about where things are headed in Oregon’s reform efforts and reflections on innovative and pathbreaking work underway in other western states that warrants further study and attention.