Water Rights
Water rights are the legal entitlements that allow property owners to access and use water adjacent to or on their land. In the United States these rights are primarily governed by state law and fall into distinct doctrines that vary by region and water type.
Key types of water rights
- Riparian rights
- Apply to land that borders flowing waters (rivers, streams).
- Landowners may make reasonable use of the water so long as it does not unreasonably interfere with other users upstream or downstream.
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These rights are typically tied to ownership of the shoreline and often require state permits for larger or commercial withdrawals.
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Littoral rights
- Apply to property bordering large, navigable bodies of water (lakes, seas, oceans).
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Owners generally have access to and use of the water but own the land only to the median high‑water mark.
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Prior appropriation (common in Western U.S.)
- “First in time, first in right.” Rights are acquired by appropriating water and putting it to beneficial use.
- The senior appropriator has priority in times of shortage. Rights can be subject to state allocation systems and administrative permitting.
How water rights work
- Water rights are typically appurtenant — they run with the land, not the individual owner. When property is sold, the right transfers with the parcel unless otherwise reserved.
- Uses considered reasonable or “beneficial” vary by jurisdiction (domestic use, irrigation, municipal, industrial).
- Non-navigable waterways: in many jurisdictions the landowner owns to the centerline of the waterway; navigable waters often have different public access rules.
- Diversion or removal of water away from its source frequently requires permits and may be limited or conditioned to protect other users and the environment.
Special considerations
- Permits and conditions: states and municipalities can impose permitting requirements, limits, and monitoring for water withdrawals. Local rules may allow or restrict irrigation, commercial use, or transfer of water offsite.
- Use and forfeiture: some diversion rights must be exercised consistently; failure to use a right as required can lead to forfeiture or loss of priority.
- Environmental restrictions: federal and state environmental laws (for example, protections for wetlands or endangered species) can limit or modify water use and development, and have historically caused tension between federal and state water authorities.
- Mitigation banking: a system of environmental credits and debits can be used to offset impacts to wetlands and streams when development or diversion occurs.
Eastern vs. Western U.S.
- Eastern states generally follow riparian doctrine: reasonable use by adjacent landowners, often administered through state permitting systems.
- Western states—especially those west of the 100th meridian—largely follow prior appropriation: rights are obtained by putting water to beneficial use and are prioritized by seniority.
- Regardless of doctrine, state regulation and federal environmental requirements can affect how rights are exercised in both regions.
Practical advice for landowners and buyers
- Determine which doctrine applies locally and whether the waterbody is navigable.
- Review property deeds and local/state permitting records to confirm whether water rights are appurtenant, reserved, or encumbered.
- Before planning irrigation, commercial use, or water export, consult state water agencies about permit requirements and potential environmental restrictions.
- Consider the potential for rights to be conditioned, limited, or lost through nonuse or regulatory action.
FAQs (brief)
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What are riparian rights?
Rights of landowners along flowing waters to make reasonable use of the water, subject to limits protecting other users. -
What are littoral rights?
Rights of landowners bordering lakes, seas, or oceans to access and use the water; ownership of land typically extends only to the median high‑water mark. -
What is prior appropriation?
A system where water rights are granted to the first person to appropriate water and put it to beneficial use; priority determines access in shortages.
Bottom line
Water rights define who may use water, how much, and under what conditions. They differ by water type and region, are primarily regulated by states, and can be subject to additional local and federal restrictions. When buying property or planning significant water use, verify the applicable doctrine, recorded rights, and permit requirements.