Jeff Burkhart
Andrea
Burkhart
Michaela
Murdock
Attorneys
at Law
6½
N. 2nd Avenue, Suite 200, Walla Walla,
Washington
99362
(509)
529-0630
Jeff Burkhart
Andrea
Burkhart
Michaela
Murdock
Attorneys
at Law
6½
N. 2nd Avenue, Suite 200, Walla Walla,
Washington
99362
(509)
529-0630
Water
rights refer to a right to withdraw water from a natural
source
(i.e., surface water or ground water) and apply it to a beneficial
use. State laws usually establish the rules for local water
use. Federal laws apply to the use of interstate waters and
navigable
waters, as well as water rights on federal lands and Indian
reservations. Several federal laws also establish
environmental
standards for water uses.
In Washington, water rights are established through prior appropriation. This doctrine is commonly stated as, “first in time, first in right.” A person who uses water beneficially acquires a right to keep using the same amount of water in the same manner. It is a property right in that it attaches to the land (similar to an easement) and is protected under constitutional laws prohibiting the taking of property without compensation. However, it is not an unconditional right; it can be extinguished by senior rights if supply falls, and it can be lost or reduced through abandonment and waste.
Water rights are obtained in one of three ways:
Court decisions establish how
water rights pass by the sale
of land, while water rights transfers and permits are authorized by
various statutes and regulations.
The State has a duty to manage its water resources for the benefit of its citizens. How it must fulfill its duty is the subject of the public trust doctrine. States have been held legally responsible for mismanagement in circumstances where their water policies negatively impacted public rights. Many state environmental laws are intended to carry out the state’s public trust responsibilities.
Walla Walla attorney Andrea Burkhart is qualified to assist you with your legal rights and responsibilities regarding water rules and regulations in Washington. Contact Burkhart and Burkhart today for assistance with this and other legal issues.
Phone:
(509) 529-0630
Fax:
(509) 525-0630
Mail:
PO Box 946
Walla Walla, WA 99362
In Person:
6½ N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
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