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Water rights and duties are an adjunct to real estate law, with many special features and complications. For example, legal questions can arise on water drainage and flows, and their encroachment from one property upon a neighboring property, and whether this activity has been caused by a property owner or third party.
Other legal questions can arise on the question of a right to pull water out of a specific source, such as a reservoir, river, stream or tank, whether above or below ground. Other questions arise on the question of whether water can be bought or sold. The issues are as numerous and complex as in any real estate law situation.
Many of these questions are not often points of concern for many consumers, but when they are, the issues are critical, and possibly threatening to property and even the safety of occupants.
An attorney who has experience with water rights (often called riparian rights) can be of great assistance in navigating this area of the law.
