Allocation of Conserved Water (ACW) Program: a long name for a very powerful program, is available at the Oregon Water Resources Department (WRD). The ACW Program can be used in many, many situations besides canal lining and piping, and benefits both the water right holder and instream flows. It has been around since 1988, when ORS 537.455 was implemented.
What is it?
The ACW Program is totally voluntary. As the name suggests, if the water right holder saves (conserves) water, part of that saved water (up to 75%) is allocated for a new use that the water right holder chooses: maybe for use on additional lands, or perhaps leased instream, or possibly sold to another user. The remainder of the saved water becomes an instream water right.
Why do it?
Why would a water right holder participate in this program? Mainly, because without the ACW Program, saved water cannot legally be applied to additional uses, but remains in the river or aquifer where it is acquired from. In addition, the water right holder’s choice of how to use their portion of the conserved water can change from year to year, as long as WRD is notified in writing, which allows a great degree of flexibility in how to use the conserved water.
Who can do it?
Anyone holding a valid water right certificate (or other water right subject to transfer) that is planning on reducing their water use can apply. Also, if a water use has been reduced within the past five years, application to the ACW Program can be made retroactively. The ACW Program pertains to any type of beneficial use, including industrial use, for which water savings can be demonstrated.
How to do it?
Application forms, a video presentation, FAQs, and a summary of the ACW Program can all be found on WRD’s website (link listed below). The completed application must clearly document the conservation details for that particular water right. Water right holders can prepare the application themselves, or obtain assistance from a variety of sources, including WRD’s ACW Program staff or the county watermaster’s office. Experienced water right professionals, such as CWREs, PEs, and/or water right lawyers, can also provide technical assistance to the water right holder during the planning, application, and execution stages of the ACW Program.
When to do it?
Why not right now? Get started by taking a careful look at your water right certificate(s), and then identify how to reduce water use at your site. The end result could be additional water to legally use elsewhere, and/or a greater degree of flexibility in your water right!
WRD link for details: http://www.oregon.gov/owrd/pages/mgmt_conserved_water.aspx.
