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water_rights

Water Rights

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

1. Riparian Rights

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

2. Littoral Rights

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

3. Appropriative Rights

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

4. Percolating Water

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

5. Surface Water

Water found in rivers, streams, and lakes.

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

6. Licensee Disclosure

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
water_rights.txt · Last modified: by reidjs