United States Groundwater Law - Riparian Rights

Riparian Rights

Correlative groundwater rights represent a limited private ownership right similar to riparian rights in a surface stream. The amount of groundwater right is based on the size of the surface area where each landowner gets a corresponding amount of the available water. Once adjudicated, the maximum amount of the water right is set, but the right can be decreased if the total amount of available water decreases as is likely during a drought. Landowners may sue others for encroaching upon their groundwater rights, and water pumped for use on the overlying land takes preference over water pumped for use off the land. This system benefits those who have low demand for water but own large expanses of property - such as ranchers - and harms those who have a high demand for water without correspondingly large tracts of land - such as cities and some irrigators. Only California follows the correlative right system for groundwater, although many states follow a similar system for oil and gas production. Water is a rechargeable resource and so the amount of the water right may be reduced, marketing the groundwater right can be difficult. The preference for water uses on the land makes it difficult to market the water or water rights.