What Are Water Rights?
Let me explain water rights to you directly: they are the legal entitlements that property owners have to access and use bodies of water that border or exist on their land. You'll find different types depending on the form of water involved.
In the US, these rights differ between the eastern and western regions. Generally, western states stick to the prior appropriation doctrine, which gives diversion rights to whoever first started using the water. Most eastern states follow the riparian doctrine, restricting use to owners of adjacent land.
Key Takeaways
Understand that water rights let landowners access water bodies next to their property. Riparian rights specifically cover flowing waters like rivers and streams, giving you access and usage rights. Littoral rights ensure access to lakes, seas, and oceans. States regulate these rights, and municipalities can add stricter rules on access and usage.
How Water Rights Work
Riparian rights go to landowners with property along flowing waters such as rivers or streams. You typically can use the water if it doesn't harm upstream or downstream neighbors. Systems like mitigation banking, with debits and credits, help preserve wetlands and streams. If the waterway isn't navigable, you own the land under the water to the center.
Littoral rights apply to land bordering large navigable lakes and oceans, affected by tides and currents but not flowing like rivers. You get unrestricted access, but ownership stops at the median high-water mark.
These rights are appurtenant—they stick with the land, not the owner. Sell an oceanfront property, and the new owner gets the littoral rights while you lose them.
Special Considerations
If your land includes a riverbank, you can use the water for domestic needs like drinking, watering animals, bathing, or gardening. These uses are usually allowed, but you might not pump or remove water from the flow.
Each state and municipality sets regulations on diversion limits. Local laws may prohibit using the water for irrigation or commercial purposes. Some areas permit certain irrigation, and you might apply for diversion rights to transport water for mining or agriculture. These limits aim to minimize environmental impact.
Know this: diversion rights often require consistent use, or they expire after a set period.
Eastern vs. Western U.S. Water Rights
Eastern states follow the riparian doctrine, letting you make reasonable use of adjacent watercourses like streams or lakes, as long as it doesn't interfere with downstream owners. Reasonable uses include irrigation, livestock watering, or drinking.
Most eastern states regulate this through permits: you apply to a state agency, detail your planned use, and they decide if it's reasonable before approval.
Western states, mostly west of the 100th meridian, use prior appropriation. This started in the 19th century with settlers: first to appropriate and beneficially use the water gets the right to continue.
By the 20th century, federal laws like the Clean Water Act, National Environmental Policy Act, and Endangered Species Act limited some prior appropriation rights, focusing on rehabilitation. The Department of Interior notes this has sparked conflicts between federal and western state governments.
Frequently Asked Questions (FAQs)
What are riparian rights? They give landowners access and usage of flowing waters like rivers and streams, with most eastern states using a regulated system.
What are littoral rights? They guarantee access to lakes, seas, and oceans.
What is the prior appropriation water rights doctrine? It's a 'first in time, first in right' system used in many western states, originating from 19th-century settlers.
The Bottom Line
Water rights are your legal entitlements as a property owner to access and use adjacent water bodies. Riparian rights cover flowing waters, littoral rights handle large bodies like oceans. These vary across the US, so rights in your area might differ. States regulate them.
Other articles for you
The Kelly Criterion is a formula for determining optimal investment sizes to maximize long-term wealth growth.
Relationship management is a strategy for organizations to maintain engagement with customers and partners to build loyalty and efficiency.
This text explains the role, duties, rights, responsibilities, types, advantages, disadvantages, and legal limits of landlords in real estate rental.
The FRM certification is a globally recognized credential for managing financial risks, requiring exams and experience, offering strong career prospects in various sectors.
Tax-equivalent yield helps investors compare taxable and tax-exempt bond returns based on their tax bracket.
The Money Flow Index (MFI) is a technical indicator that combines price and volume to identify market overbought/oversold conditions and potential reversals.
Narrow money refers to the most liquid forms of money like physical currency and demand deposits, forming the basis for economic transactions.
Net proceeds represent the amount a seller receives after deducting all costs from the gross proceeds of an asset sale, which is used for capital gains tax calculations.
Form 1099-INT is an IRS tax form used by financial entities to report interest income paid to taxpayers, which must be included in annual tax returns.
Contingent convertibles (CoCos) are high-risk debt instruments issued by European banks that convert to equity under specific triggers to help meet regulatory capital needs.