applying for water rights after drilling a well

2023-06-10

The law grants permission to utilize water from certain sources, bestowing what is known as water rights. Below ground, water can be located within aquifers: geological strata of rocks like sandstone or limestone that filter and store water when it permeates through their pores. This is commonly referred to as groundwater.

Throughout the United States, the responsibilities of the water are handled at a state level. With each area having its own measures to award water rights, such as appropriation and prescription. Common source of aquiring rights to water are conveyed through one of these two formats.

Water is allocated and informed by a legal process known as appropriation, which bestows specific uses such as irrigation, domestic purposes and power generation. This understanding operates on the ‘first in time, first in right’ basis, meaning whoever first made the water of benefit to them has the priority to keep utilizing it, regardless of what others may need or desire for it in the future.

Through an established legal doctrine known as prescription, water rights can be attained by continual and persistent use. In the majority of states, rights acquired through prescription surpass those obtained by appropriation.

If you wish to access groundwater on your land, then acquiring a water right is essential. Depending on where you are located, the approach for doing so differs. In certain states, registering the well with the applicable water agency may be required. On the other hand, some states demand a water right application be submitted to the state engineer’s office.

When you have officially claimed responsibility for a water right, you must adhere to the conditions that accompany it. These conditions are established with the goal of safeguarding the water source and making sure it is utilized in an appropriate manner.

Noncompliance with the requirements of your water right carries severe consequences: your water right could be taken away. This is a crucial matter, and it may result in you incurring hefty civil or criminal charges.

To access the groundwater on private property, it is essential to obtain a water right. The requirements for getting a water right depend on the state; one may need to register the well with the state’s water agency or file an application with the engineer’s office. After you have successfully acquired a water right, you must abide by its conditions in order to protect the water source and be resourceful in its use. Failure to comply will result in revocation of your water right and considerable penalties, both criminal and civil.