Property Ownership

Oregon water law follows the doctrine of prior appropriation. This means:

ALandowners adjacent to a stream have equal rights to its water
BThe first person to put water to beneficial use has a superior right to that water, regardless of land ownership✓ Correct
CThe state owns all water and licenses its use equally among users
DGroundwater rights follow different rules than surface water rights

Explanation

Oregon follows the prior appropriation doctrine for surface water: 'first in time, first in right.' Water rights are established by priority date — during water shortages, senior rights holders (earlier dates) receive their full allocation before junior rights holders (later dates) receive any.

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