Water Rights in the U.S.
Let's say you are a farmer, or a rancher, in the U.S. You are growing food or animals for the purpose of sale and making money. It is not as simple as buying some land and tapping into the natural resources your land has, such as water. To use the water that is available on your land, you will need to own the rights to that water as well...water rights.
“A “water right” is the right to divert the public waters of the State and put them to beneficial use. A water right is a “usufructuary right,” meaning a right to use, as opposed to a possessory right. In other words, the owner of a water right does not own the water itself, just the right to use it. A water right is defined by certain “elements that prescribe how, when, and where water may be used under the right. These elements include the source of water, beneficial use, diversion rate, place of use, and priority date. A water right cannot be used in ways that exceed the parameters of these elements. For example, a water right that is authorized for irrigation cannot be used for industrial purposes without first going through an administrative process to change the beneficial use and potentially other elements of the water right.” (Budge, 2011).
If a person owns water rights, it does not necessarily mean that they are going to get water however. If there is ever a shortage of water in the area, it is a first obtained, first served basis. Meaning, the person holding the oldest water rights, gets their water first, which could leave some without water during droughts or low water times. (Budge, 2011). Water rights are also given to government properties, industries, public utilities and so on. The graph below is an example of how the state of California's water rights are split.
“A “water right” is the right to divert the public waters of the State and put them to beneficial use. A water right is a “usufructuary right,” meaning a right to use, as opposed to a possessory right. In other words, the owner of a water right does not own the water itself, just the right to use it. A water right is defined by certain “elements that prescribe how, when, and where water may be used under the right. These elements include the source of water, beneficial use, diversion rate, place of use, and priority date. A water right cannot be used in ways that exceed the parameters of these elements. For example, a water right that is authorized for irrigation cannot be used for industrial purposes without first going through an administrative process to change the beneficial use and potentially other elements of the water right.” (Budge, 2011).
If a person owns water rights, it does not necessarily mean that they are going to get water however. If there is ever a shortage of water in the area, it is a first obtained, first served basis. Meaning, the person holding the oldest water rights, gets their water first, which could leave some without water during droughts or low water times. (Budge, 2011). Water rights are also given to government properties, industries, public utilities and so on. The graph below is an example of how the state of California's water rights are split.
What water rights are available to people depends on what water your state has access to as well. For states that have no large sources of fresh water, this could mean their water is coming from somewhere else. The water that is available is also being gobbled up by companies and corporations for their benefit and production. Obtaining water rights can be a tricky business, especially in places that do not have their own large, fresh water supplies. And even if your state happens to have adequate supply, that water could be going to other areas, helping them to survive. Below is a graph depicting how the Colorado water is divided among multiple states.