What are water rights in terms of land ownership?

Water rights in Washington state refer to the ownership of the water resources associated with the land owned by the individual. It is similar to a property right; however, water rights differ in that they include the right to use, store, divert, and control the water found on the land. This applies even when the water running off the land crosses or is transferred to other bodies of water or goes through other people’s land. Generally, water rights are based on a variety of factors, including local water laws, usage rights, and water ownership laws. In terms of land ownership, water rights are most commonly seen in two forms: riparian rights and prior appropriation rights. Riparian rights refer to the right of the owner of land bordering a body of water to use the water so long as it is used reasonably and not wasted. Prior appropriation rights refer to the right of the owner of land to use the water found on their land so long as they are the first to use the water in a beneficial way. These rights are based on the notion that the person who uses the resource first is the rightful owner. Water law in Washington is complex and the consequences of not understanding the law are serious. Those looking to purchase or use land should understand the local water rights and laws in order to ensure they are using water resources in an acceptable manner and to ensure the safety and integrity of the region’s water resources.

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