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Riparian Rights Primer

Military strategists and Pentagon policy wonks predict the next major war will be fought over a liquid resource. Here’s a hint - it’s not oil. The commodity is water and even though it covers over two-thirds of the earth’s surface only 0.03% of that amount is usable by humans. Therein lies the problem. As populations grow, so does the demand for consumable H20.

If you believe this doesn’t apply to the recreational land owner, think again. Chances are good that your lake house sits on a body of water that supplies a city or town. And if you own a farm or ranch land, the issue of water becomes one of life or death for livestock and entire communities if that don’t get enough hydration for crops.

So it pays for the recreational land owner to understand a little about water or riparian rights. Though the law varies from state to state, in general the right to use water is granted with the purchase of land and allows the buyer to use water which is adjacent to or cuts through the property. Note however, that in most cases the landowner does not own the water itself. Another important factor is that the right of a landowner to use water can be changed or denied due to the needs of other landowners in the area or of a nearby community. For more specific information, consult your state government’s webpage.

- Harry Hunsicker