What is the law of capture?

The law of capture is a basic principle in water law, which is the study and regulation of water rights. In Washington, the law of capture states that the first person to capture or divert water from its natural source, such as a lake or river, has the right to use that water. This principle also applies to the drainage of underground water. In other words, whoever was the first to make use of the water gains the right to continue to use it, as long as they do not interfere with the prior rights of other water users. The law of capture has its limitations, however. The Washington State Supreme Court has determined in a number of cases that one’s right to capture and use water is limited by reasonable and beneficial use. In other words, one cannot unreasonably or excessively diminish the water supply available to others. This limits a user’s right to capture and use water in a way that would unreasonably waste and damage the resources. The law of capture has also been limited by other laws. In Washington, the Department of Ecology manages surface water, which requires obtaining a permit. In some areas, an individual must enter into a water-sharing agreement with other users in order to have access to a certain water source. Ultimately, the law of capture applies to those seeking to use and capture water from its natural sources in Washington. Although there are limits to its applicability, this principle forms the basis of Washington’s water law regime.

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What is the law of capture?

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