Re: How do water rights work?

Posted by jdemaris on June 28, 2007 at 06:05:38 from (66.218.19.121):

In Reply to: How do water rights work? posted by Sunny 4 acres on June 27, 2007 at 23:56:36:

Perpetual water rights are very common here in New York. Many of the first village settlements, usually in valleys, piped water from the nearby hilltop springs. Many such rights were deeded in the late 1700s and are still legally binding.
The legal right is . . . basically, whatever is written and must be specific. Usually such things as compensation involved, time frame - e.g. one year, ten years, forever, etc., carry over - i.e. are the rights to be carried over to all heirs and assigns forever - or to just the present owner?, actual location of the water source, rights to maintain and repair, amount of water allowed to be taken (rated by size of pipe or gallons), who gets priority water when one source is share by mulitiple uses, etc.
I've found that very often these rights are not carried over to modern "abreviated" deeds. The rights still exist, but you often have to do a deed-search and go back and find the original text.
One example - an old farm house and barn I own. Deed written 1880 - gives rights to my property to draw water from a max. size of 3/4" pipe. Gives the actual location of the water source - a mountainside spring on some other property. Also gives me the right to maintain fully, but not improve. Also gives right to another property owner to use a max. of a 1/2" pipe that draws water at a point 6" above mine - so when water gets low, I get priority.
One exception is modern laws and regs. that might conflict. I own a 1700s millsite that used to have a large millpond and dam. I have deeded rights to repair the dam - but I cannot do so legally because of many other, more modern legal issues. I also have deeded rights to mine gravel out of a local trout stream - but again - due to modern restrictions, I cannot.

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