Oregon established instream water right laws in 1987, blazing a trail for other western states to follow.  Instream water rights now have the same status as any other water right in most western states. The Oregon Water Resources Department holds instream water rights for public use, and anyone can purchase, lease, or give them to the state.

The Oregon Departments of Fish and Wildlife, Environmental Quality, and Parks and Recreation created instream water rights across the state in the late 1980s and early 1990s.   Most instream water rights are newer than other water rights and receive less water during dry periods.  We work with our partners to move older water rights instream and provide a  water for fish, wildife, and recreation.