Water Law Lawyers

Water Law Lawyers in the United States

Water is one of the most contested natural resources in the country. Disputes over who can use it, how much they can take, and where it flows have shaped American law for over two centuries. A water law attorney handles the legal rules governing the allocation, use, and protection of water resources across all 50 states.

What Water Law Covers

Water law spans two major doctrines in the United States: riparian rights, which tie water use to land ownership along a waterway, and prior appropriation, which grants rights based on who claimed the water first. Eastern states generally follow riparian principles, while western states rely on prior appropriation. Some states use a hybrid of both.

This practice area also covers groundwater rights, federal water quality regulations under the Clean Water Act, dam and reservoir permitting, interstate water compacts, and irrigation disputes. Agricultural operations, municipalities, energy companies, and private landowners all deal with water law issues regularly.

When to Hire a Water Law Lawyer

• You need to secure or defend a water appropriation permit from a state agency
• A neighboring landowner or municipality is diverting water that affects your property or business
• You face compliance issues under the Clean Water Act or state environmental regulations
• You are purchasing land and need to verify existing water rights attached to the property
• An interstate or tribal water dispute threatens your current water allocation

How the Process Works

Water rights disputes often begin at the administrative level. State engineer offices or water boards typically handle permit applications and initial adjudications. Your attorney files the appropriate applications, responds to protests from other water users, and presents evidence at administrative hearings.

If the dispute cannot be resolved administratively, it moves to state or federal court. According to the Congressional Research Service, major water adjudication cases can take 10 to 40 years to fully resolve. Early legal involvement can shorten timelines and protect your claim before senior rights holders assert priority.

How Compensation and Outcomes Are Determined

• Market value of water rights — water rights carry real economic value, often appraised based on acre-feet of annual allocation and regional demand
• Agricultural and economic losses — if unlawful diversion damaged crops or reduced output, damages are calculated from lost revenue and increased operational costs
• Property diminution — loss of water access can reduce land value significantly, measured through before-and-after property appraisals
• Restoration costs — contamination or unauthorized alteration of waterways may require remediation, with responsible parties bearing cleanup expenses
• Injunctive relief — courts may order parties to stop diverting or polluting water, restoring the rightful holder's access rather than awarding monetary damages

Frequently Asked Questions

Can water rights be bought and sold?

Yes. Water rights are considered property rights in most states and can be transferred, leased, or sold. The transaction usually requires approval from the state water authority to ensure other users are not harmed by the change.

What happens if two parties claim the same water source?

Priority and location determine the outcome. Under prior appropriation, the older claim wins during shortages. Under riparian law, courts balance reasonable use among all adjacent landowners. An attorney can research historical records and filings to establish the strength of your claim.