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Subjects › Environment › Water Rights › Water Law Basics
Updated 02/2010

Water Law Basics

"Water law," or the law of how one obtains and maintains water rights, cannot be simply stated and requires an understanding of common law legal doctrines, such as "prior appropriation," "beneficial use," and "riparian rights." In addition to the common law doctrines, there are numerous state statutes and administrative regulations, water law requires an understanding of Washington state court decisions which interpret the common law and statutes. Because of the complexity of the law on water rights, several opinions of the Washington State Attorney General's Office, issued to assist the state Department of Ecology in administering water rights permits, are also significant sources of information and interpretation of water law in Washington State.

It is important to remember that the case law continues to develop. For example, none of the articles listed below reflect the decision of the Washington State Supreme Court in Department of Ecology v. Theodoratus, 135 Wn.2d 582 (1998) . The majority and dissenting opinions in this case also provide an excellent discussion of the history and legal doctrines of water law. For additional court decisions, see Selected Court Decisions Regarding Water Rights.

Articles

The following articles summarize the complex area of the law of water rights:

  • Water Rights Law for Municipal Lawyers: The Basics, Ruthlessly Simplified, by Sharon Metcalf, Assistant City Attorney, Seattle, Legal Notes: Proceedings of the Washington State Association of Municipal Attorneys, Annual Fall Conference, October 8-10, 1997, MRSC Information Bulletin No. 499, 10/1997
  • General Water Law, by Tom McDonald, Assistant Attorney General, Water Section Chief, Ecology Division, Legal Notes: Proceedings of the Washington State Association of Municipal Attorneys, Annual Fall Conference, October 8-10, 1997, MRSC Information Bulletin No. 499, 10/1997
  • Water Supply and the Growth Management Act, Tom McDonald, Office of the Attorney General, Ecology Division, 1998 Environmental and Land Use Law Midyear: Keeping Your Environmental/Land Use Law Practice Current, 04/1998