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Water Rights and Use in Agriculture

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Beneficial Use Doctrine

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Water rights are contingent upon the water being used for a beneficial purpose, such as irrigation, without waste.

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Groundwater Rights

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Farmers must follow state regulations regarding the withdrawal of groundwater, which may include well-spacing requirements and volume limits.

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Water Marketing and Transfers

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Farmers may transfer their water rights to other users for economic gain, operating under state-specific transfer laws and regulations.

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The Clean Water Act

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Regulates discharge of pollutants into US waters and quality standards for surface waters. Farmers may need permits for certain runoffs.

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Conservation Easements

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Farmers can be granted easements that reward them for water conservation practices on their land, potentially including tax benefits.

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Riparian Water Rights

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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.

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Open-Access Regime

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Water is freely available to anyone, often leading to competition and potential overuse. Regulation might become necessary.

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Irrigation Districts

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Farmers in designated districts can receive water for agricultural use, governed by district policies and state laws.

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Senior Water Rights

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Priority is given to those with the earliest water claims in times of shortage. Younger water rights (junior) may be curtailed first.

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Prior Appropriation Water Rights

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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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