How does drought affect water law?

Drought can have a major impact on water law in the state of Oregon. Drought occurs when there is a prolonged period of below-average precipitation, resulting in decreased water availability. This decreased availability can lead to a water supply crisis, as there is not enough water to meet the needs of the population. In Oregon, water law is based primarily on the prior appropriation doctrine. Under this doctrine, water rights are acquired by making a “first in time, first in right” claim on a water source. In times of drought when water supplies are low, the most senior right holders have priority access to the water. This means that people who own the oldest water rights have the first claim on the available water. During a drought, water rights holders with senior rights may be allowed to divert larger amounts of water from a water source than would be allowed during non-drought times, while junior right holders may be required to reduce their use. In addition, some water right holders may be required to relinquish some of their water rights to allow for its use by other water users. The effects of drought can also have an impact on public trust doctrine. Under this doctrine, water is managed with the public’s best interest in mind. During a drought, state public trust doctrine can be used to allocate water to the public good, such as to refugees, healthcare facilities, or food production. Water law in Oregon can be greatly affected by times of drought. It is important to keep an eye on water availability in order to ensure that water is allocated in a fair and equitable manner.

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