How is water rights ownership evaluated?

Water ownership rights in Washington are evaluated through a complex process that involves several elements. Water rights in Washington are considered private property, meaning that individuals and businesses can own them. In order to determine who owns a water right, the Washington Department of Ecology evaluates the historical, legal, and physical components related to a given body of water. Historical evaluation of a water right considers the length of time a certain property has been used to divert water. When determining the ownership of a water right, legal documents such as certificates, deeds, and permits are considered. These legal documents must be reviewed to ensure that the water has not been transferred, abandoned, or forfeited since its original application. To determine the physical components of a water right, a review of the waterway’s flow and the amount of water that is taken from it is conducted. This evaluation helps determine if a water right is being overused or if the water is being used as granted. After the historical, legal, and physical elements are evaluated, the Washington Department of Ecology will issue a certificate of water rights. This certificate is proof of ownership of the water right and is necessary for any use of the water.

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How is water rights ownership evaluated?

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