What is the law of capture?

In Virginia, the law of capture is an established and commonly used water law. It is applicable to all surface water resources, such as streams and lakes. This law allows landowners to make reasonable use of any water found on their property. This includes the capture of surface water and its storage for their own uses. The law of capture is based on the principle of first-in-time, first-in-right. This means that the landowner who was the first to capture and use a resource has the right to continue to use it, and no other landowner may interfere with that use. The law of capture applies to both surface water and underground water, but in different ways. In the case of surface water, landowners may utilize it and store it in a pond or other structure on their land. They can also divert water from one stream to another, as long as it does not result in significant harm to the environment or downstream users. When it comes to groundwater, landowners also have rights, but the law of capture has been called into question. This is because the use of groundwater often has broader implications than the use of surface water, as it can affect the water table as a whole. Nevertheless, landowners can still make use of the groundwater beneath their land as long as they do so responsibly.

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What is the law of capture?

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