What are the legal remedies available in water law disputes?

The legal remedies available in water law disputes depend on the state. In Washington, the most common remedy is the equitable doctrine of “reasonable use,” which requires that water users don’t put more water to use than is necessary for their reasonable, beneficial purposes. If someone is found to be in violation of this reasonable use doctrine, the court can issue an injunction or other equitable remedial order that requires the offending party to bring their use of water into compliance with the law. Another legal remedy available in Washington is a suit for damages. If a person or business uses water unlawfully and causes harm, the court can award money damages to the injured party. The injured party can also seek an order of abatement which requires the offending party to restore the water that was wrongfully taken. Finally, in cases where someone unlawfully diverts water, the court can enter a restraining order which prevents the offending party from removing any more water. Violations of any of these orders can result in civil or criminal penalties, depending on the severity of the violation. No matter which remedy is available, it is important to remember that all water use in Washington is subject to the reasonable use doctrine, and that any violations of this rule can lead to serious legal consequences.

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