Vermont Water Rights 101

Riparian Rights (Land-Based)

Under riparian doctrine, water rights belong to landowners whose property borders a water source. Rights are tied to the land and cannot be separated.

Key Principles

• •Only landowners adjacent to a water body have water rights
• •Rights are proportional and must share with other riparian owners
• •Non-use does not result in loss of rights
• •Water rights transfer automatically with land ownership
• •Generally limited to reasonable use that doesn't harm downstream users

How to Buy Water Rights in Vermont

1. 1
   Research existing rights. Contact the Vermont state water resources department to look up water rights records in the area of interest. Most western states maintain searchable public records.
2. 2
   Verify priority date and quantity. Under Riparian, the priority date determines seniority and therefore the value and reliability of the right during shortages.
3. 3
   Conduct due diligence. Verify historical beneficial use, check for forfeiture risk, and confirm the right is current with the state agency.
4. 4
   Hire a Vermont water rights attorney. Water rights transactions are legally complex and state-specific. Always retain a licensed Vermont water rights attorney before closing.
5. 5
   File transfer with the state. Most transfers require state approval. Change of ownership, point of diversion, or use typically require formal filings.