State Drought Declaration Process &
Emergency Tools
State Drought Declaration Process
Drought declarations for an area typically go through a three-part process before securing a state drought
declaration from the Governor. First, a county commission submits a request for a state drought declaration to the
Office of Emergency Management. Second, the Water Availability Committee, chaired by the Water Resources
Department, meets to evaluate information on weather and water supply conditions and subsequently make
recommendations to Oregon’s Drought Council. Co-chaired by the Water Resources Department and the Office of
Emergency Management, the Drought Council assesses the impact of drought conditions and makes
recommendations to the Governor’s Office on whether to declare drought in an area.
The Governor may then choose to issue an Executive Order declaring a drought emergency. State drought
declarations are typically issued at a county scale. The primary benefits of a state drought declaration from the
Governor are that it creates greater awareness of drought conditions, facilitates coordination between state
agencies, and allows the Water Resources Department to provide existing water right holders with access to
emergency water management tools. These tools are outlined below.
The Governor or the Oregon Water Resources Commission can also direct state agencies and political subdivisions
to implement a water conservation plan or water curtailment plan.
Oregon Water Resources Department Emergency Drought Tools for Water Right Holders
A state drought declaration allows the Water Resources Department to offer certain tools to water right holders
in a drought-declared county. These tools have an expedited review process, reduced fee schedule, and are
intended to be short-term emergency authorizations, not permanent solutions to deal with water supply
challenges. Water right holders seeking long-term solutions should first contact their watermaster to help
identify what options may exist.
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Temporary Emergency Water Use Permit
An approved emergency water use drought permit allows a water user to temporarily replace water
not available under an existing water right. The most common drought permit allows the use of
groundwater as an alternative to an existing surface water right. A well-prepared application
generally takes approximately ten business days to process. Emergency water use permits are
issued through an expedited process and are valid for one year or the term of the drought
declaration, whichever is shorter.
•
Temporary Transfer
A water user can apply to change the type of use, place of use, or the location of the diversion under an
existing water right. A temporary drought transfer takes place under an expedited process, and is in effect
for the duration of the drought declaration or up to one year, whichever is shorter.
• Temporary Instream Lease
Once approved, a water user can convert all or a portion of a water right to an instream use for a period
of one year or the term of the drought declaration, whichever is shorter.
• Temporary Substitution
Any person holding both a primary right originating from a surface water source and a supplemental
right from a groundwater source may apply to temporarily use the supplemental right instead.
• Special Option Agreements
A water-right holder can enter into an agreement that authorizes the use of water at locations, from
points of diversion, and for uses other than those described in the water right. Typically, the agreement
remains in place until terminated by the parties, and provides additional water-supply options in times of
drought.
• Temporary Exchange of Water
The Water Resources Commission can approve a temporary exchange of existing rights, such as
using stored-water instead of a direct-flow surface-water right.
• Human Consumption or Stock Water Use Preference
The Water Resources Commission has authority to grant a temporary preference to water rights
for human consumption and/or stock watering uses. The preference is given over other uses
regardless of the priority date (seniority) of water rights associated with the other uses. In order
for the preference to go into effect, the Water Resources Commission must approve temporary
rules instituting the preference.
For More Information
The Water Resources Department maintains a drought website that provides the status of current water
conditions and state drought declarations, as well as information on what you can do to use water wisely. Visit
our drought website at: www.oregon.gov/OWRD/programs/climate/droughtwatch
Water Resources Department staff are available to answer questions about emergency applications, the state
declaration process, and general water supply conditions.
Emergency Water Use Permits
Alyssa Mucken
Instream Leases
Sarah Henderson
Transfers, Substitutions &
Exchanges
Kelly Starnes
Special Options & Preferences
Ivan Gall
Water Availability Committee &
Drought Readiness Council
Ryan Andrews
Media Inquiries
Racquel Rancier
www.oregon.gov/owrd April 16, 2021