In Tumalo, a community just east of Bend, longtime resident Jerry Kosman discovered that his irrigation pump was shut off with little warning. Kosman, who has farmed the land for six decades, believed his water right dated to the early 1900s. A closer look revealed the priority date was actually from the 1950s, making his claim junior to many older rights.
How Oregon water law works
Oregon follows the doctrine of prior appropriation – often summed up as “first in time, first in right.” A water right is granted by the Oregon Water Resources Department and carries a priority date. During shortages, the state orders cuts beginning with the most recent (junior) rights and works backward toward the oldest (senior) rights.
Deschutes River Basin Watermaster Jeremy Giffin explained that because the river is currently flowing 25‑30% below historic levels, officials are cutting back “deeper than we’ve ever cut back before,” effectively reverting to the 1900 priority line.
Impact on local irrigators
For Kosman, the result was a complete shutdown of his pump – not a reduced allotment but a flat cut. He said he is not demanding his full historic share, only a way for junior users to share in the shortage without losing their rights entirely.
State officials stress that the type of user – homeowner, farmer, or large business – does not affect the order of cuts; only the priority date matters.
“Use it or lose it” and its consequences
Oregon law also requires water right holders to put the water to beneficial use, a principle known as “use it or lose it.” Critics argue this encourages some landowners to consume water even when it is not needed, simply to protect their senior rights.
Emily Cureton Cook, a reporter with Oregon Public Broadcasting, noted that senior water rights have become increasingly valuable as climate change drives more frequent droughts. “In the West, water is power,” she said.
Environmental protections and in‑stream uses
Over the past few decades, Oregon has expanded in‑stream water protections for fish, wildlife, and recreation. Giffin said that water remaining after out‑of‑stream rights are satisfied now stays in the river, reducing the amount available for diversion.
These protections, combined with the prolonged drought, have led to regulation of users who previously never faced cuts.
Efficiency concerns in the Central Oregon Irrigation District
The Central Oregon Irrigation District (COID) holds rights to more than half of the Deschutes River’s flow. An investigation by OPB and ProPublica found that only about one‑quarter of the water diverted by COID is actually absorbed by crops.
COID disputed the satellite‑data analysis but later cited a state report with similar efficiency estimates. The district points to historic open canals built through porous volcanic rock, which lose water before it reaches customers. Piping those canals could conserve water, but the project could cost over $700 million and take decades to complete.
Possible solutions: water banking
State Rep. Emerson Levy, a Democrat from Bend, discussed a pilot water‑bank program that would let senior rights holders lease water temporarily to junior users without surrendering the underlying right. The idea is to provide flexibility while preserving the financial value of senior rights.
Levy emphasized that any changes must protect senior users’ rights and help downstream users obtain water during shortages.
What this means for Central Oregon families
For families that rely on irrigation for lawns, pasture, or small‑scale farming, the cuts underscore the growing tension between historic water allocations and modern environmental stewardship. As drought conditions persist, residents may see more frequent curtailments unless efficiency improvements or water‑bank arrangements are adopted.
Local officials continue to monitor river flows and will adjust curtailments as needed, following the priority‑date system that has governed Western water for over a century.
Original reporting: KTVZ (Central Oregon) — read the source article.
