Understanding Water Rights: 12 Types of Water Rights

The Australian government dictates water rights that guide water usage in regions and water basins. These rights provide legal access and use of water from various sources. Property owners and private companies are allowed to sell, use, manage or divert the water as per their rights. Although the water rights may vary from region to region, some are common across the board, like riparian water rights. To better understand how these rights dictate the usage of surface or groundwater from a source, here are the twelve common rights that apply in Australia.

1. Prior Appropriation

The prior appropriation doctrine states that only landowners with a permit can divert water from a specific source. In case of water shortage, the holder of the oldest permit gets priority access. In some states, appropriative water rights mean that purchasing water rights is separated from land rights. Permit holders can sell water rights separately from land rights. Unlike riparian rights, rights holders will lose access since they are not using it.

2. Riparian Water Rights

The riparian water rights ascertain that landowners can legally use watercourses touching their land. The doctrine is like surface water that covers water in large bodies. Property owners can use the water for domestic purposes, provided it does not impact the natural water flow for other riparian land owners.

3. Non-Riparian Water Rights

Non-riparian rights doctrine states that landowners have non-inclusive access to water adjacent to their property. In towns, cities or municipalities with limited waterfront access, exclusive water usage can limit water access by other users. An individual is regarded as non-riparian when there is community access to a water body or community pier on the land.

4. Correlative Rights

Correlative rights doctrine sometimes applies to some groundwater rights in select states. It dictates that landowners sharing a common water source can only access a certain amount of water instead of the amount they want.

5. Hybrid Water Rights

Hybrid water rights are a blend of riparian and prior appropriating rights. The doctrine applies to states where water shortages are common.

6. Absolute Dominion

A landowner can access groundwater sources without restrictions as per the absolute dominion right.

7. Community Water Rights

The community water rights state that users living closer to a water source are given priority access to water over appropriators.

8. Navigate Servitude

This doctrine directs the federal government to protect navigable waterways for commercial use. These rights could extend to owners of luxury boats and other recreational water vessels.

9. Littoral Rights

Littoral rights entail ownership of navigable water bodies like seas, lakes, and oceans, allowing unrestricted access to the water source. These rights are transferrable to the new owner of the property once the land is put for sale through water exchange.

10. Clean Water Rights

This doctrine outlines that the government is responsible for protecting public downstream waters in appropriative and riparian cases. The water should be protected from contaminants to ensure access to quality water.

11. Overlying Rights

Regulation of groundwater gives property owners the right to get water from below their property. The appropriator can also transport the water outside the basin, although the overlying right holder is given priority.

12. Public Trust Rights

These rights dictate that the government owns a water source it manages for the public's interest. It includes all water bodies used for boating, swimming or preservation of natural resources.

These water rights depend on where you live and the doctrines to follow. However, some states combine these rights to ensure effective use and access to water. Some commonly follow a prior appropriation doctrine that allows permit-holders to divert water for beneficial use.