Washington Groundwater Lease
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FAQ
California law allows surface water to be diverted at one point and used (appropriated) beneficially at a separate point. This is in contrast to a riparian right, which is based on ownership of the property adjacent to the water.
In the U.S., surface water sources are generally considered public property and cannot be owned by any specific individual or group. Groundwater, meanwhile, can be either publicly or privately owned.
There are two primary types of water rights: riparian rights and prior appropriation rights. Riparian rights are based on the common law principle of reasonable use, and they give riparian landowners the right to use water in a reasonable way.
If you need a water right or are unsure, we recommend a pre-application consultation with our regional staff. Fill out the pre-application consultation request form linked below. Washington's water law includes the principle that a water right is confirmed and maintained through beneficial use.
A riparian water right is a right to use the natural flow of water on riparian land. Riparian land is land that touches a lake, river, stream, or creek. Land that is in the public domain does not have riparian rights.
Washington has a prior appropriation water right system, also referred to as a system of ?first-in-time, first-in-right.? A person who established a water right first has senior priority and the right to divert all their water before the person with the next junior right (next water right in chronological order).
The new state law permitted withdrawals of up to 3,000 gallons per day in WRIA 1, but only for domestic purposes. If multiple homes share one exempt well, the total withdrawals for domestic purposes are capped at 5,000 gallons per day. Whatcom County required these limits to be recorded on the property's title.
