Water Rights Doctrine by State
The governing water rights doctrine (riparian, prior appropriation, or hybrid), whether a permit is required for surface or groundwater withdrawal, and notable variations.
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| Doctrine | Permit Required | Notes |
|---|---|---|
| Riparian | Surface w/d only | — |
| Prior appropriation | Yes | — |
| Prior appropriation | Yes (groundwater) | — |
| Hybrid | Limited | — |
| Hybrid | Yes (post-1914) | — |
| Prior appropriation | Yes | — |
| Riparian | Diversion permit | — |
| Riparian | Allocation permit | — |
| Regulated riparian | Yes (CUP) | — |
| Regulated riparian | Yes >100K gpd | — |
| Public trust | Yes (CWRM) | — |
| Prior appropriation | Yes | — |
| Riparian | Limited | — |
| Riparian | Registration only | — |
| Riparian | Permit >25K gpd | — |
| Prior appropriation | Yes | — |
| Riparian | Permit >10K gpd | — |
| Civil law | Surface only | — |
| Riparian | Reasonable use | — |
| Riparian | Appropriation permit | — |
| Riparian | Permit >100K gpd | — |
| Riparian | Large quantity | — |
| Riparian | Permit >10K gpd | — |
| Regulated riparian | Permit required | — |
| Riparian | Registration | — |
| Prior appropriation | Yes | — |
| Hybrid | Surface app. | — |
| Prior appropriation | Yes | — |
| Riparian | Permit >57K gpd | — |
| Riparian | Allocation permit | — |
| Prior appropriation | Yes | — |
| Riparian | Permit >100K gpd | — |
| Regulated riparian | IBT permit | — |
| Prior appropriation | Yes | — |
| Riparian | Registration | — |
| Hybrid | Surface permit | — |
| Prior appropriation | Yes | — |
| Riparian | Registration | — |
| Riparian | Limited permits | — |
| Regulated riparian | Permit >3M gpm | — |
| Prior appropriation | Yes | — |
| Riparian | ARAP permit | — |
| Prior appropriation | Surface yes | — |
| Prior appropriation | Yes | — |
| Riparian | Source protection | — |
| Regulated riparian | VWP permit | — |
| Prior appropriation | Yes | — |
| Riparian | Registration | — |
| Riparian | Permit >100K gpd | — |
| Prior appropriation | Yes | — |
| Riparian | Limited | — |
Eastern states generally follow the riparian doctrine (water rights tied to land bordering the watercourse); western states generally follow prior appropriation ('first in time, first in right'). California, Texas, Oklahoma, and Nebraska use hybrid systems. The federal Reserved Water Rights doctrine (Winters v. United States, 1908) gives tribes and federal land managers priority dates for unquantified water rights on reservations and federal lands.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.