Water Rights

Water rights regulate the use and ownership of water associated with land.

Rights of landowners whose property borders a natural watercourse.

• Water may be used for domestic and agricultural purposes
• Must be reasonable and beneficial use
• Cannot divert water away from the watershed
• Rights run with the land

Rights of landowners whose property borders a lake, ocean, or sea.

• Right to reasonable use of the water
• Includes access, boating, and recreational use
• Does not include ownership of the water itself

Rights based on taking water for use on non-adjacent land.

• Based on first in time, first in right
• Requires permits from the state
• Common for irrigation, mining, and municipal use

Groundwater that flows beneath the surface and is not part of a defined watercourse.

• Belongs to the landowner
• Use must be reasonable and beneficial
• Subject to local groundwater regulations

Water found in rivers, streams, and lakes.

• Governed by riparian and appropriative rights
• Subject to state regulation

Water rights and access may affect value and use.

• Disclose known water rights issues
• Do not provide legal interpretations beyond licensee scope
• Recommend expert consultation when appropriate