Buying water rights is something that you can do if you live in an area where you have access to available water and want the right to legally use that water for various means. When you live in an area where water is scarce, having rights to the water that you can find can make all the difference. The doctrine of prior appropriations is most commonly used in Western states, and comes from Roman and Islamic Law, as well as American Common Law. Eastern states tend to use the riparian rights doctrine, which comes from English Common Law.
Buying water rights includes understanding these documents. Ultimately, the doctrine of appropriations states that whoever used the water first has more right to go on continuing with the use of it. Established in the West, it’s no wonder that this doctrine works on a ‘finders, keepers’ basis. The riparian rights doctrine states that anyone who has ownership of land near or on a river or stream has the right to use that water, with no ownership priority. Each state has its own rights, and some states are still mixed in the rights that they stand by. Either way, neither doctrine allows for the wasteful use of water.
Buying water rights does not actually give a person ownership of the water, but a right to make use of that physical supply for which they have paid. Once the water has been put to use beneficially, it can then be seen as a vested interest. However, the property right is the only thing for sale, not the actual water supply. There are many states that do consider water rights to be actual property. Beneficial use doesn’t have an exact definition but refers to using the water in ways that will benefit people and communities, such as for growing food or making chemicals.
Buying water rights is something that anyone can do when they live in an area that water rights are available for purchase. There isn’t necessarily an exact system for buying water rights or selling them in the United States. People who need water look for those who are selling, and people who are selling are looking for buyers. Without proper water banks in place, the search for and actually buying water rights can prove to be a challenge. There are not enough people with proper education and training on selling and buying water rights, and there isn’t a solid, sustainable system in place to help those who are in need of or looking to sell their water rights, making the processed complicated at best.