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Understanding your water rights

Wenatchee Valley Business World
Author: Clay Gatens and Michelle Green

We no longer have the luxury of viewing water as an unlimited resource. In California, lawmakers have proposed emergency legislation to restrict certain water usage in response to extended drought conditions and diminishing reservoirs.

Here in Eastern Washington, many people are voicing concerns about the impact of the low snowpack on the upcoming irrigation season. Water rights are a hot topic and, so long as development continues and population continues to grow, water rights will be an important issue for everyone.

It is more vital than ever for real property owners, and for those considering a real property purchase or sale, to understand the nature and scope of the water rights involved. Water law in Washington is extremely complex, with roots in state law and spreading into a number of administrative interpretations and case law.

At the most basic level, a water right is a right to use water. The two basic types of water rights are surface water rights and groundwater rights.

A surface water right is the right to divert water from a river, stream, lake, or spring. A groundwater right is the right to pump water from a well.

While a water right is a type of property right, a water right does not grant ownership of the water itself; rather, a person acquires the right to use certain water, subject to the terms and conditions of that specific water right.

Read the full article here.