What is the doctrine of reasonable use?

The doctrine of reasonable use is a concept within Washington water law that allows for the reasonable use of water from a defined source by a property owner. This doctrine is based on the idea that when a property owner exercises reasonable water use, they are not taking more than their fair share of the available water. This is determined on a case-by-case basis, taking into account local environmental conditions, the amount of natural water available, and the public interest in the water source. This doctrine is especially important in Washington where water rights are determined by the “first in time, first in right” doctrine. Under this doctrine, water rights are based on priority of use, meaning that users who began using water from a source first, have the right to continued use of that water. In other words, if a person begins to use a water source before someone else, then they have the legal right to continue to use that water. The doctrine of reasonable use is a balancing act between respecting the rights of established users and allowing for growth and development in the area. In Washington, courts have the discretion to decide what is reasonable water use and can limit the amount of water a particular user may take if it is determined that the usage is too great for the particular water source. By taking into account both the rights of established users and the need for growth and development in the area, the doctrine of reasonable use helps ensure a fair and equitable water rights system in Washington.

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What is the doctrine of reasonable use?

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