Water Rights Law for Real Property Owners

Summary

This practice note discusses key considerations in analyzing water rights. It provides guidance on determining water rights generally and those associated with real estate specifically, acquiring water rights from a state regulatory or permitting authority, and transferring water rights among water right holders. It also outlines special considerations for water rights in California. This practice note is written from a real property owner's perspective, but discusses issues concerning water rights that are not associated with property ownership as well. State and local laws, regulations, and practices relating to water law vary from state to state, with major substantive consequences. Additionally, the extent of water use under a certain water right may be limited by state, regional, and local rules and regulations. As such, you should consult counsel advising on water law matters for guidance on state-specific laws and regulations.