WTF are Water Rights?!

Confused about Water Rights in Property? You’re not alone! Here’s a short guide to the main types of water rights theories. Water Courses: 2 Approaches: (1) First Appropriation: (Western states) The person who first appropriates (captures) water and puts it to reasonable and beneficial use has a right superior to later approportioners. POLICY: Direct consequence of the scarcity of water in the west Serve better as a base-line for bargaining subject to reasonableness than riparianism. If you are first your rights are assured. Lower transaction costs: less people affected It is easily measured as opposed to reasonableness of riparianism. Ensures usage: If you stop using your water you lose it vs. riparian – you don’t need to use it. PROBLEM: encourages premature development and excessive development – and rations poorly when supplies dwindle periodically. No incentive: to save water via irrigation – no obligation to others. (2) Riparian Rights: (Eastern – where water is abundant): Each ow ...