Getting Legal Access to Water Sources

When you think of water rights, you might think of a movie about pioneers in the old west. You probably don’t think about buying water for your farm or vineyard.

That’s because most people understand that water is a limited resource and cannot be owned by individuals. However, looking at water rights from another perspective reveals an entirely different picture.

Water rights are actually a form of property ownership – one that is recognized by many states and counties all over the world. Legal access to water is called a water right, and it’s just as important as owning land or buildings.

Last update on 2026-05-13 / Affiliate links / Images from Amazon Product Advertising API

What Are Water Rights?

Water rights are the rights to use water from a water source.

The right to use water may also include the right to use groundwater.

Water rights can vary depending on where you live.

Once you understand these water rights, you can decide about your water usage.

Prior appropriation

There are two major types of prior appropriation of water rights: consumptive use and beneficial use. Consumptive use involves the diversion of water for a specific purpose.

Those who wish to divert water for a different purpose must obtain a permit.

These permits are issued by the Board of Water Resources, whose overriding concern is the public interest. If the applicant can show that their proposed water use is compatible with the public interest, the Board of Water Resources will issue them a permit.

If not, conditions may be placed on the permits. In most cases, the permit holder must begin construction within two years after receiving a permit.

One type of prior appropriation involves the appropriator using water rights for irrigation purposes. This is different from water that is transported outside of the basin.

An appropriator may sometimes be allowed to transport water outside a basin if it is not a priority. An example of such an appropriator is a utility or a public trust.

Littoral rights

Littoral rights are water rights that pertain to access to water adjacent to a piece of land.

These rights generally concern the shoreline, where an individual can enjoy unlimited access to the water.

These water rights are not limited to fishing or recreational activities. For example, someone who owns a piece of land next to an ocean may also have littoral rights to oil buried underground.

Whether or not a person has littoral rights will depend on the type of land that they own.

While some people have the right to fish or build structures within a body of water, others can use the water for irrigation or other purposes.

These water rights are also called riparian rights because they apply to rivers, streams, and oceans. They are similar to private property rights, but they are not absolute.

Littoral rights are the water rights of those who own lands adjacent to water. These riparian rights grant a riparian (abutting) landowner the right to access a body of water for any purpose.

Junior and senior water rights

The distinction between junior and senior water rights can be a critical issue in water management.

The two types of water rights have different responsibilities and obligations regarding agricultural production.

Those with junior water rights often use a smaller percentage of their water supply for irrigating crops. While this may seem unfair, it does have some benefits.

In the Klamath River Basin, a settlement was reached several years ago that regulated and shared water during shortages.

This negotiated agreement involved Klamath Tribes and irrigation districts. While many irrigators signed up to the agreement, some refused to participate.

Those who did participate in the settlement received it later this year. On the other hand, those who refused to negotiate now face calls on their water, which they cannot use. This affects approximately 58,000 acres of irrigated land.

In addition to addressing water concerns, the Kittitas water project will also help protect senior water rights.

A group called Futurewise is working to advocate for the protection of senior rights and the environment. These groups have a strong stake in the water rights process and are working to educate the public about the rules governing water rights.

Every state has its own set of laws regarding water rights. In some places, the state legislature can grant water rights.

Other states, like Colorado, have state commissions that govern this process.

Under the Constitution, the State should protect the natural resources within its borders. This includes water resources.

That’s why every state has laws governing how water is used and conserved and who can have legal access to it.

With that in mind, you can understand why water rights can be granted only to those who can demonstrate that their water use is beneficial.

Here are some tips for obtaining permission to take water from a local water source.

1. Check with the property owner or manager. Ask if they let anyone take water from their property and if a fee is involved. If the property owner or manager is unwilling to allow you to take water, you may need to search for a different water source.
2. Contact the municipal water authority. Ask if they permit anyone to take water from their municipal water system. If the authority is willing to allow you to take water, they may require you to obtain a water rights or a permit.
3. Get help from a water rights attorney. A water rights attorney can help you determine if you have the right to take water from a particular water source and can provide you with the necessary paperwork to take water from a water source.
4. Obtain water rights from the government. If the government allows you to take water from a water source, you must obtain water rights from them. This can be difficult, but a water right can be valuable.

The central idea is to plan. Communicate with authorities but only as needed. In short, have your local water lifeline in place before an emergency strikes.