How does the “doctrine of gains” affect water law?

The “doctrine of gains” is an important concept in Washington water law. This doctrine states that when a landowner changes the use of water on their property, that landowner cannot use the water in a way that causes harm to neighboring landowners. In practice, this means that a landowner who diverts water from a stream, utilizes wells, or otherwise takes water off their property to use somewhere else must ensure that they are not taking water that they don’t have the right to take and causing harm to their neighbors. This could include diverting too much water, or otherwise damaging the water availability of a neighbor. The “doctrine of gains” also requires that if a landowner is taking water, they are responsible for the impacts of that use. Any damage that the water use causes to neighboring landowners must be remedied. This could come in the form of monetary compensation, or providing additional water to the neighbor. This doctrine also states that even if a landowner has a permit to take water, they are still responsible for any damage that their water use causes to neighboring landowners. This means that landowners in Washington must be careful to use water responsibly and ensure that their water usage does not cause any harm.

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How does the “doctrine of gains” affect water law?

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