What is the “doctrine of gains”?

The “Doctrine of Gains” is a legal concept particular to Oregon water law. It states that any water user that has made an effort to increase the water supply, by irrigation or other means, must receive at least a proportionate share of the gain. This applies regardless of who was the actual winner of the water rights after the legal process of adjudication. For example, if two different people have separate claims to the water of a particular river, and one of them built a canal to deliver more water to their land, the other user would still be entitled to receive a portion of the increased flow, even if their rights to the river were not formally established until later. The purpose of the Doctrine of Gains is to ensure that those who make investments in irrigation, storage, or other projects to improve the water resource of a particular area will be adequately rewarded for their efforts, and that they won’t be crowded out by other claimants to the same water. This is a key element in ensuring that Oregon’s limited water resources are managed fairly.

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What is the “doctrine of gains”?

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