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Water Rights and Use in Agriculture
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Beneficial Use Doctrine
Water rights are contingent upon the water being used for a beneficial purpose, such as irrigation, without waste.
Groundwater Rights
Farmers must follow state regulations regarding the withdrawal of groundwater, which may include well-spacing requirements and volume limits.
Water Marketing and Transfers
Farmers may transfer their water rights to other users for economic gain, operating under state-specific transfer laws and regulations.
The Clean Water Act
Regulates discharge of pollutants into US waters and quality standards for surface waters. Farmers may need permits for certain runoffs.
Conservation Easements
Farmers can be granted easements that reward them for water conservation practices on their land, potentially including tax benefits.
Riparian Water Rights
Farmers whose land abuts a water body have the right to reasonable use of water, as long as it is not diminished for downstream users.
Open-Access Regime
Water is freely available to anyone, often leading to competition and potential overuse. Regulation might become necessary.
Irrigation Districts
Farmers in designated districts can receive water for agricultural use, governed by district policies and state laws.
Senior Water Rights
Priority is given to those with the earliest water claims in times of shortage. Younger water rights (junior) may be curtailed first.
Prior Appropriation Water Rights
Water rights are granted to those who use the water first for beneficial use. Farmers must apply and prove beneficial use.
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