Explore the complex world of water rights and learn how landowners can utilize and protect access to water resources on their properties. Understand the riparian, littoral, and prior appropriation doctrines and discover how regulations vary across the United States.
Water rights pertain to the legal entitlements of landowners to access and use bodies of water adjacent to their properties. Different types of water rights exist depending on the water bodies involved and vary significantly across the United States, often guided by regional doctrines like riparian and prior appropriation.
Key Takeaways
- Water Rights Overview: Allow landowners access to bodies of water adjacent to their property.
- Riparian Rights: Allow access and usage of flowing bodies of water, such as rivers and streams, for landowners adjacent to these bodies.
- Littoral Rights: Grant access to large, navigable bodies of water, such as lakes, seas, and oceans, but generally, only up to the median high-water mark.
- Regulation and Enforcement: State-specific and can include stricter municipal regulations.
- Western U.S. states: Generally follow the prior appropriation doctrine, which grants water rights to the first user of the water source.
- Eastern U.S. states: Commonly adhere to the riparian doctrine, linking water use rights to land ownership.
How Water Rights Work
Riparian Rights
Riparian rights are typically awarded to landowners adjacent to flowing bodies of water, like rivers or streams. Landowners can generally use the water, as long as it does not negatively impact neighbors upstream or downstream. If the water body is non-navigable, ownership usually extends to the center of the body.
Littoral Rights
Littoral rights apply to landowners whose properties border larger navigable waters, such as lakes and oceans. Landowners with these rights can access the water but only retain ownership of the land up to the median high-water mark.
Appurtenant Nature
Water rights are often appurtenant, meaning they are tied to the land itself, rather than the landowner. When the property is sold, water rights transfer to the new owner.
Special Considerations
Landowners beside a riverbank typically use the water for domestic purposes (drinking, watering gardens, etc.). However, these rights usually don’t extend to pumping or diverting water extensively without proper authorities’ permission.
State and local municipalities regulate the extent of permissible water diversion. For commercial uses, additional permits may be necessary to ensure that water removal does not negatively impact the environment.
Eastern vs. Western U.S. Water Rights
Eastern States
Eastern states follow the riparian doctrine, allowing property owners to reasonably use the water bodies listed on their land. However, use must not interfere with another owner’s rights. Most states require obtaining government permits to ensure proposed usages are reasonable.
Western States
Most western states adhere to the prior appropriation doctrine, initiated in the 19th Century. Water rights are framed by the principle “first in time, first in right,” prioritizing initial users. Federal legislation in the 20th Century placed further restrictions to mitigate environmental impacts, like the Clean Water Act and Endangered Species Act. These regulations often bring states into conflicts with federal guidelines.
Water rights are essential considerations for anyone owning land adjacent to water bodies. Understanding the varying regulations and doctrines is crucial for responsible water usage and ensuring legal compliance.
Related Terms: riparian doctrine, littoral rights, prior appropriation, appurtenant, water diversion, commercial use.
References
- National Agricultural Law Center. “Water Law: An Overview”.
- U.S. Department of the Interior. “Water Rights Act”.
