Can You Sell Water Rights In Idaho?
In Idaho, water rights are governed by the “first in time, first in right” principle. This principle is based on the common law doctrine of prior appropriation, which was adopted in Idaho in 186.
Under this doctrine, the first person to put water to beneficial use has the right to continue using that water, up to the originally appropriated amount. This right is senior to all other rights and is known as the “prior right.”
Water rights can be bought and sold in Idaho as long as the buyer obtains the prior right from the seller. The prior right can be transferred by an agreement between the parties, or it can be acquired through a court proceeding.
Once the prior right is obtained, the buyer then acquires the water rights and can use the water as he or she sees fit.
Can You Buy Water Rights In Texas?
The Texas Water Code defines perpetual surface water rights as private rights that may be purchased and sold and can only be revoked for prolonged nonuse.
The state owns surface water and gives water rights to utilize defined amounts of water for useful purposes. The rights are transferable from one owner to the next and may be limited by law.
In most circumstances, the state can modify or take away rights if they are not being used for useful purposes.
Can You Amortize Water Rights?
Water rights are not depletable in the sense that they cannot be used up. But water rights may be subject to amortization in limited situations. Amortization occurs when the amount of water diverted over time permanently reduces the available water supply.
The amortization concept applies most commonly under prior appropriation systems, where a limited supply of water is apportioned among appropriators by a commissioner or court.
Amortization occurs when water rights continue to be granted to new users in an area, so the total amount of appropriated water eventually exceeds that area’s available supply.
With “excess” water from new appropriations being consumed by existing appropriators, there may not be enough remaining to satisfy all junior uses.
In this case, an “amortization pool” is created for junior appropriators whose rights are curtailed so that a sufficient amount of water remains for the senior users.
Can Water Rights Be Transferred?
Water rights, in general, are property rights that can be transferred as part of the sale of the land on which they are utilized or separately. The water rights can be sold, leased, or donated. In some cases, the water rights can be sold to a public entity, such as a municipality. If the application of the water right is changed to a non-beneficial use, the water right will revert to the property owner who originally owned the land and its water right.
If the water right application changes to beneficial use, then it will remain with that property owner.
Can Water Rights Be Sold In South Africa?
The Supreme Court of Appeal (SCA) has found that water rights holders have the legal authority to transfer their rights under the National Water Act (NWA) and that trading in such rights is not illegal.
The SCA further found that water rights holders have the right to transfer their rights to third parties subject to certain conditions.
The SCA specifically states that it is not sufficient to show that the water right holder has been dispossessed of his or her property, as this implies mere ownership of the right, whereas a change in usage of the right constitutes a change to real property and is therefore sufficient as an exercise of ownership.