Property with Waterways: Key Considerations for Buyers and Owners
Waterways add incredible value and beauty to a property. Whether it's a scenic river, a tranquil lake, or a seasonal creek, owning property with water access can elevate your living experience. However, owning or bordering a waterway comes with unique considerations. Let’s dive into some important factors to understand, especially when determining property lines and water rights.
Where Is My Property Line When a Waterway Is Involved?
Defining property boundaries becomes more complex when waterways are involved. In Oregon, rivers, lakes, and other navigable waterways are owned by the state. This includes the submerged and submersible land under these waterways, which was granted to the state at the time of Oregon’s statehood in 1859.
The courts or the navigability study process determine whether a waterway is "navigable" and therefore state-owned. If a deed includes submerged land but that land has been deemed state-owned, the state holds what is called a “prior existing right” to it. This means that regardless of what a deed might say, the true ownership of submerged and submersible land often belongs to the state, not the property owner.
It’s important to note that each situation is unique, and the specifics depend on the facts surrounding the property, the waterway, and the deed itself. For more detailed information about property lines and state-owned waterways, visit the Oregon Department of State Lands Waterways FAQ.
What Are My Water Rights When My Property Borders Water?
In Oregon, all water is considered publicly owned. As such, water rights are required for any person or entity wishing to divert water from its natural course for "beneficial use" (e.g., irrigation, household use, or industrial purposes). According to Oregon’s Water Code, “all water belongs to the public.” With only a few exceptions, a water right is required before any person (including a city, business, or other entity) may divert water from its natural course and put it to “beneficial use.”
Here are some key points to know about water rights:
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Riparian Rights: If your property borders a body of water, you may have certain rights related to its use. However, owning land next to a waterway does not automatically grant unrestricted water usage.
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Water Rights Certification: Water rights are legally appurtenant to the land. This means that when you purchase property with existing certificated water rights, those rights are typically included in the sale unless specifically reserved by the seller in the deed or contract of sale.
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Usage for Farmers: Agricultural use often involves specific water rights. If you plan to farm on your property, ensure that any necessary water rights are in place and properly documented.
Without a certificated water right, diverting water for any use may violate Oregon water law. To learn more about water rights and how they’re regulated, visit the Oregon Water Resources Department or check out their Aquabook.
Why Does This Matter?
Understanding these nuances is crucial for anyone buying or owning property with waterways. Misunderstandings about property lines or water rights can lead to legal disputes, restrictions on land use, or unexpected limitations on development.
For these reasons, it’s essential to consult with qualified professionals, such as surveyors, real estate attorneys, and water rights specialists, to address any uncertainties before buying or selling property with waterways. Made Out West Land Company is happy to help connect you with resources to make informed decisions and assist you in finding the right property for your needs.
Ready to Make Your Move?
If you’re considering a property with waterways, start by gathering all the information you need to make a confident decision. Contact Made Out West Land Company for guidance on finding your dream property while navigating the complexities of owning land with water access.
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