Washington Water Rights 101

Prior Appropriation (First in Time, First in Right)

Under prior appropriation, water rights belong to whoever put water to beneficial use first. Senior rights get priority during shortages.

Key Principles

• •Seniority is determined by the date of first beneficial use (priority date)
• •Rights can exist independent of land ownership — they can be bought, sold, and transferred
• •Use it or lose it: non-use for 5+ years typically results in forfeiture
• •Changes in point of diversion or use require water court or state engineer approval
• •Beneficial use requirement: water must be put to productive use (irrigation, domestic, municipal, industrial)

How to Buy Water Rights in Washington

1. 1
   Research existing rights. Contact the Washington 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 Prior Appropriation, 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 Washington water rights attorney. Water rights transactions are legally complex and state-specific. Always retain a licensed Washington 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.