Understanding Water Rights

What is it?

Water rights refer to the legal right of a property owner to access and use water from a source like a river, lake, stream, or underground aquifer that is on, under, or adjacent to their land. These rights are not uniform and vary significantly by location. The two primary doctrines governing water rights in the U.S. are riparian rights, common in the East, which grant water use to landowners whose property adjoins a body of water, and the doctrine of prior appropriation, prevalent in the West, which operates on a "first in time, first in right" principle, where the first user has priority.

Why is it trending?

Water rights are a trending topic due to increasing water scarcity driven by climate change, prolonged droughts, and growing populations. As water becomes a more limited and valuable resource, the legal frameworks governing its use are under intense scrutiny. This has led to more disputes, new regulations, and a heightened awareness among property buyers and investors about securing reliable water access. In many arid regions, possessing senior water rights can be more valuable than the land itself.

How does it affect people?

For homeowners and real estate investors, water rights can fundamentally determine a property's value and utility. They dictate whether you can irrigate a farm, fill a swimming pool, or even have a reliable household water supply from a well. A property without clear, adequate water rights may be severely limited in its use, face development restrictions, and be significantly devalued. For prospective buyers, especially in rural areas, verifying a property's water rights is a critical step of due diligence to avoid future legal conflicts and ensure the land meets their needs.

Discover another trend: Well Water: A Homeowner's Guide