OPERATIONAL GUIDELINES GOVERNING THE DISTRIBUTION AND USE OF WATER OF THE SWALLEY IRRIGATION DISTRICT BEND AREA, OREGON
GENERAL OPERATION AND PROCEDURE
The district office is located at 64672 Cook Avenue, Suite One, in the town of Tumalo. Swalley staff work 7:00 a.m. to 3:00 daily. The office is open 9:00-12:00 and 1:00-3:00 to maximize staff efforts. The office is not open on approved federal holidays. A 24 hour recording and emergency service is available by telephone.

IRRIGATION AND STOCK RUN SEASONS
The irrigation season may begin in April and end in October. Oregon law provides Swalley with the following flow rates:

April: Approximately 1/3 of summer irrigation flows.
May 1-15: Approximately 1/2 of summer irrigation flows.
May 16-Sept. 15: Approximately 100% flow.
Sept. 16-Oct. 1: Approximately 1/2 of summer flows.
October: Approximately 1/3 of summer irrigation flows.

WINTER STOCK RUNS
Beginning in December, there may be a water run every six weeks for the purpose of filling stock ponds. Such runs will usually be scheduled for about 3 days, weather permitting. Some areas receive no winter stock runs, i.e. Avion deliveries and areas which request no delivery. Note, those members who have a Central Oregon Irrigation District (COID) delivery will follow COID’s winter schedule. The timing will vary depending on weather, scheduling by the Watermaster’s office, etc.

Swalley rights delivered by the COID will follow the COID schedule. There is a 24-hour answering machine for Swalley’s schedule that will be updated if changes to the schedule occur. The answering machine is on the office’s main telephone line (388-0658).

If you believe none of the users on your private ditch desire a winter delivery, please notify the office. Upon verification that no users require the delivery, a winter run can probably be avoided for that specific ditch.

WATER DELIVERIES
DUTY OF IRRIGATION WATER
One acre of water, for Swalley, is equal to 5.5 acre feet per year. This is equivalent to 7.5 gallons per minute in the full flow season at the district's headgate.
CONTROL OF DISTRICT FACILITIES
All headgates, meters, and other control devices will be operated by district employees only. "No person shall willfully open, close, change or interfere with any lawfully established headgate or water box without authority...." (ORS 540.710) Any person who interferes in any way with the setting or adjustments of said gates and checks shall be held strictly liable for any damage resulting from such interference. All headgates are locked to protect both the water users and the district.
WATER MEASUREMENT
All district deliveries must have a measuring device approved by the district.
MULTIPLE DELIVERY WEIRS (Private ditches)
When an original larger piece of land is divided and sold in two or more parcels, this causes two or more water users to take delivery from the same headgate. When this happens, it is the land owner’s responsibility to provide the means to get the water from the district headgate to the land they wish to irrigate. Each individual delivery must have a measuring device even though they may share a district headgate.

Please consult Swalley prior to making any such arrangements. Recorded easements and delivery details must be filed with the Swalley office before a partition request is approved. Fees are assessed upon approval of the plat. The Ditchriders are available to consult with persons wishing to install or modify a gate or measuring device. Call the office for information.

RESPONSIBILITY FOR WATER DELIVERY AND MAINTENANCE FOR PRIVATE DITCHES
The responsibility of the district for the water delivery ends at the district’s measuring weir and headgate. The water then becomes the responsibility of the water user, or users, on that ditch.

This is one of the most common misunderstandings. Many small water acreages have received their allotment as a portion of a larger water delivery made to an old farm which has been subdivided. In such cases the user may be some distance from the weir or gate that marks the termination of the district’s responsibility. The users along such private ditches have both a right and a necessity to work with their neighbors to maintain these private ditches. Where problems occur, the district is able to assist the water users to clarify issues or suggest solutions, but the responsibility ultimately lies with the users along that ditch.

All users must each have some sort of measuring device, such as a weir or valve which allows the proper flow to an individual property, unless the flow is on a rotation. If two or more users are on a rotation, a schedule of that rotation must be filed with the district office.

Be aware that state statute (ORS 540.440) says, "All persons owning or controlling any water ditches shall keep their right of way along the ditches clean and free from wild oats, mustard, thistles, or any weeds or obnoxious (sic) grasses whatsoever." Further, that problems due to lack of maintenance or blocking of water can, after proper notice, be corrected by the affected user(s) and the cost billed to the property causing the problem (ORS 540.420).

With the increasing urbanization in Swalley’s area it is important that users have recorded easements for their private ditch deliveries. There is no question that prescriptive rights exist; that is, rights acquired due to continued use over time. However, such rights may not clearly define the extent of such easements, such as width of easement or even actual location of the easement.

The easement should specify the actual width or at least that the easement is "sufficient to maintain the ditch." Also Swalley will require easements recorded with the County for any land use action, such as a partition.

Private ditch users are cautioned to protect easements. Be aware of encroachments on your ditch, such as sewer pipe crossings, buildings, or fences being constructed too close to the ditch to allow for proper maintenance.

SWALLEY/COID CROSS DELIVERIES
There are several situations where a water right is held by Swalley or by the Central Oregon Irrigation District, but the water is delivered by the canals of the other organization. Where this is the case, the delivery schedule will be that of the organization providing the delivery. If this situation applies to you, and there is a problem you are unable to solve, please call the Swalley office.

CONTINUED MAINTENANCE AND REPAIR
RIGHT-OF-WAYS
The district exercises its privilege of right-of-ways in the location and construction of the district canals, laterals and control works, and other works of the district. It has reserved in perpetuity sufficient right-of-way to operate, maintain, and repair these facilities. The Carey Act of 1892 has always been the legal authority given to the district for construction and maintenance right-of-ways. Unless otherwise agreed in writing, the district reserves a right-of-way not less than 50’ from high water line of ditch in each direction.

All land owners, water users, and the general public shall refrain from encroachment in any manner upon the right-of-ways, and they are not to be used as public throroughfares. The general public does not have the right to free access use of the lateral, canal, or other service roads of the district. However, water users do have a right ot walk their ditch to the headgate for the purpose of ditch maintenance. It is highly recommended that you notify neighbors before walking across their property. District employees shall have free access at all times to land irrigated from the delivery system for the purpose of examining the waterways, measurement of flow, and verification of water use compliancy therein.

DITCH CLEANING AND REPAIRING
Beware of the increasing growth of water hemlock, also called poison parsnip. The roots or tubers are deadly to both humans and livestock. A single bite can kill a human. Detailed information about this plant is available through the County Extension Office. On private ditches, it is the water user’s duty to keep the ditches free of this and other noxious weeds.

When cleaning with a weed trimmer, user is to keep debris out of the water. This can be accomplished by temporarily placing a screen in the ditch at the low end of the property.

Water seepage through the banks of Swalley’s canals or laterals may be a problem in some areas of the project. The district will assist the landowner whenever possible. Please notify Swalley immediately if any new area of seepage is noted on or near district faclities.

Be aware that the law requires users to control water on their own property and not flood neighbors. If you are receiving more water than you can handle at any given time, and your ditches are clean, the problem can usually be handled by either ordering less water or doing some ditching along property lines or road ways. Your ditchrider or office staff will be able to advise you.

CONSTRUCTION
RIGHT-OF-WAYS
As stated above, unless otherwise agreed in writing, the district reserves a right-of-way not less than 50’ from high water line of ditch in each direction.

Any structure, utility, or obstacle such as a sprinkler main line or sewer line must be buried well below the district right-of-ways (so the ditchrider does not have obstructions in the roadways). Any structure, utility, or obstacle crossing Swalley’s easement must be brought to the attention of the office staff and ditchriders. These crossings are a time consuming obstacle that interrupt the district’s ditch cleaning operation. All pipelines on Swalley ditch right-of-ways are to be approved in writing by the manager. The district requires construction and liability forms to be filled out prior to the start of any construction. Swalley may, in some cases, assist the person installing the pipeline within certain limits determined by the district’s benefit from the installation.

The district will not be responsible for any damage by district staff and/or equipment done to structures such as fences, pipes, cisterns, septic tanks, etc. placed upon district right-of ways.

CROSSINGS
All crossings including bridges, culverts, fences, stock gates, cattle guards, or other infringements upon Swalley property or right-of-ways shall not be built unless written permission is obtained from the irrigation district. The district must have a construction agreement on file before work may begin.

TRANSFERS
WATER RIGHT TRANSFERS BETWEEN PARCELS
Transfer of water rights from one parcel to another, within Swalley’s boundaries, can be completed by contacting the office for the proper procedure, forms, and fees. If approved by the district, it is sent to the Oregon Water Resources Department which has the final approval authority. Costs of the transfer are the responsibility of the parties to the transfer and not the district.

IMPORTANT NOTE: To repeat, a transfer must receive the required approvals BEFORE the irrigated land has improvements built on it or dried up. This is of utmost importance in such cases such as a landowner building a barn or pond on their irrigated land. The State considers this to be an injury to the water right and those rights under that barn are considered abandoned. The abandoned rights are lost to the landowner and to Swalley’s water right certificate.

MAINTAINING YOUR WATER RIGHTS
In order to maintain a water right, water must be applied beneficially. For each one acre of irrigation rights, one acre of land must be irrigated, no more and no less. If the land has buildings, rock outcroppings, fences, roadways, etc., these cannot be counted as part of the irrigated measurement.

If water is not applied beneficially within a five year period the Oregon Water Resources Department considers it abandoned and the water right is lost, reverting back to the State of Oregon. (ORS 540.610) If a user finds they cannot use their water within such period they should consider selling or leasing the rights to avoid their permanent loss. This five year limitation is court tested and is being enforced. Swalley will assume the water in its posession in the fourth year of nonuse.

ILLEGAL USE OF WATER
TAMPERING WITH WATER
It is unlawful to draw off or use any portion of the water flowing through or contained in any lateral, canal, pipe, dam, or reservoir owned/operated by the district without a certified water right with an approved delivery point. (ORS 540.710)

It is unlawful to dump sewage, animal matter, or other refuse (incuding grass clippings) into Swalley’s distribution system. This includes containers, both empty or full, and specifically those that hold or did hold chemicals or other materials that will contaminate water. (ORS 468B)

It is unlawful to open, close, change, or interfere with a district headgate or weir. (ORS 540.710) Whenever any appropriator of water has the lawful right of way for the storage, diversion, or carriage of water, no person shall place or maintain any obstruction that shall interfere with the use of the works, or prevent convenient access thereto. (ORS 540.730.)

Problems relating to the above sections may be referred to the manager.

SWIMMING OR BOATING PROHIBITED
High voltage electrical gear and inviting clear cool water are two of the worst hazards in relation to the Swalley ditches. For the safety of all, please stay out of all district canals and ditches, and report any violations to the Swalley office immediately with an acurate location description. Be extra careful in areas where overhead power lines are near ditches. Remember also that the water is used by some people for drinking, and consideration must be given.

WATER RELATED CHARGES
Water charges are established annually by the Board of Directors based upon the budgeted cost of operating the district. The board must follow the requirements of ORS 545.114 for billing to make sure the district is self-sustaining . Costs are divided into two parts, a base administration and maintenance fee charged to each user and a charge per each acre of water right. Noncontiguous land is charged separately.

All charges are to be paid each year whether or not the water is used or available, without exception. All charges on water right lands are mailed on or about the 15th of February with a due date of April 1 st. Non-receipt of invoiced notice is not sufficient reason for non-payment. Please call the Swalley office if billing is not received by March 1.

All charges become delinquent after April 1, and interest accrues at a fixed rate established by the State of Oregon.

DIRECTORS AND MANAGEMENT
ELECTIONS
Due to the fact that the Board of Directors terms are staggered, there will be an election held every year on the second Tuesday in November. Vote-by-mail procedures are to be followed accurately for your ballot to be counted. If the property is owned as a corporation or a trust, a "voter authorization form" needs to be in district files by election day or included in returned ballot. These forms can be sent to you at your request. Ballots are sent out two weeks in advance and are accepted until 5pm election day.

If you wish to run for director, you must submit your name in advance of the election. Such advance nomination is termed "nomination by petition". Petition forms can be obtained at the district office. The forms must be returned to the Swalley office 30 days prior to the election. Please contact the Swalley office for further information about procedures to follow.

BOARD OF DIRECTORS’ MEETINGS
Board meetings are generally held every second Monday of the month in the district office. These meetings are public and the Swalley members are welcome to attend. If you wish to be present, we suggest you phone the office to check the meeting date, time, and location.

ADDITIONAL RESOURCE MATERIALS
A number of excellent and inexpensive pamphlets regarding irrigation, crops, pasture, fertilizer, weeds, etc. are available through the offices of the Deschutes County Extension Agent and the OSU Extension Agency. The Swalley office has material on water conservation methods and water measuring devices. The office also has names and numbers of local experts on topics such as water delivery systems, pipe sizing and costs, federal cost sharing programs, and specific local crop water needs.

DISCLAIMER
Swalley makes every effort possible to insure a continuous supply of water to its water users during the summer run and timely winter runs. However, since most of the water flows through many miles of open ditches and is subject to blowing weeds and trash, loss by gopher damage, etc., it is impossible for the district or its agents to guarantee continuous uninterrupted flow for water delivery. Consequently, any damage to equipment or crops caused by fluctuating water levels are to be borne by the water user and not by the district.

ADOPTION: These guidelines are subject to changes by the Board of Directors as the need arises. The foregoing guidelines have been adopted by a motion of the Board of Directors of the Swalley Irrigation District on February 11, 1996.

This document superceeds the Deschutes Reclamation & Irrigation Co., dba Swalley Water Operational Procedures 1991 Revision.

HISTORY
Deschutes Reclamation and Irrigation Company was incorporated in August of 1899 to provide water to lands north of Bend, Oregon. It was incorporated with 8 shareholders, grew to 147 in 1939 and has continued to grow to approximately 750 shareholders today. The number of users are increasing as urbanization influences the area. In 1994, Deschutes Reclamation and Irrigation Company became Swalley Irrigation District. As of March 1996, Swalley has 4,560.105 water rights (acres), most of which are diverted at the north end of the city of Bend.

With this size of a project, it is difficult to maintain a smooth operation without everyone’s cooperation. Swalley requests that you retain this manual for easy reference. The Swalley Irrigation District, hereafter referred to as the "district" or "Swalley", is a municipal district operated under Oregon laws governing irrigation projects.

GLOSSARY

Acre foot: The volume necessary to cover 1 acre to a depth of 1 foot. (43,560 feet)

Cubic foot per second: (c.f.s., or second foot) A continuous flow amounting to 1 cubic foot passing a point each second.

Check: A structure that impedes flow for the diversion of another ditch. This structure will be a few feet downstream of the lateral that branches off of the arterial ditch. Wooden boards are slotted into the structure depending on volume of water and how much water is needed in the lateral ditch. This structure is often mistaken for a large weir.

Diversion Box: A box, usually concrete, that allows for an accurate water measurement into one or more deliveries.

Gallon: The gallon is 231 cubic inches.

Gallon per minute: (gpm) Continuous flow amounting to 1 gallon passing a point each minute.

Gate: A control structure that provides measured amounts of water into a ditch or delivery.

HB-3111: Remapping of State water rights by each district. Map based on 1990 aerial photos with deed holder’s changes. Deadline for applying water rights to mapped area is July 1, 1993. This project was finalized in 1996. Landowner is completely responsible for irrigating land as mapped.

Head: The depth of the water above the weir crest measured at a distance from the weir notch so as to be unaffected by the curve of the water surface as the water flows over the weir. In the submerged orifice the head is the difference in elevation between the water surfaces above and below the orifice.

Measurement: Irrigation water must be measured. The State of Oregon mandates a measuring device at each delivery.

Transportation Loss: The conveyance of water through an open canal system is subject to a large percent of water loss. Evaporation, percolation, and plant transpiration all take their share of water out of the system total. The State of Oregon estimates this loss at 43% for Swalley and gives irrigation districts this water for attaining proper delivery at all gates.

Weir: A regularly shaped overpour notch in a vertical wall bulkhead placed acreoss a stream. It is the simplest form of water measuring device for open channels and is easily constructed on the farm. Under standard conditions it will give reliable results. Discharge tables can be obtained from Swalley for triagular (v-notch), rectangular, Cipoletti, and rectangular suppressed weirs.

Measurement Conversions

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