You never know what water access will look like in an emergency, yet it’s the most critical, lifesaving thing to have in your kit. What if water is around but not drinkable? What open water sources can you pull from? Learn what you need to know so an upcoming disaster doesn’t compromise everything you’ve prepped for.
Understanding Water Rights
Know the intricacies of your water rights by learning the varieties and what frameworks govern them.
Types of Water Rights
If you live near water, you need to know what legal standing you have over them, if you can source from them, and how you can use what you get. The main types of water rights include:
- Common law riparian: Permits landowners near streams or rivers to use them for recreation, agriculture and domestic purposes so long as it does not hurt anyone up or downstream
- Prior appropriation: Grants ownership of a water body to the “first in time,” meaning the first to use it in a practical way, such as farming or industry
- Littoral: Allows access to oceans, seas and lakes
You must discover your states’ rights before assuming anything. For example, riparian rights are common in the eastern U.S. where there are more smaller water bodies. Prior appropriation is prevalent in the west. The water rights go to the new owner if you lose or sell your property.
Legal Framework Governing Water Rights
Numerous rules make them even more complex. However, guidance is essential for protecting yourself, others and wildlife. Frameworks vary based on the water’s origin. Groundwater and aquifers reside belowground, while surface water is contained in wetlands, streams and more.
- Rule of capture: Gives permission to take groundwater as needed but doesn’t guarantee specific quantities
- Regulated riparian systems: Gives permits for states to assess these use cases and quotas before people extract
- Clean Water Act: Oversees pollutants entering waterways with strict standards
- Safe Drinking Water Act: Sets safe expectations which could change how waterways are used and protected
Compliances like the Clean Water Act also protect citizens by forcing corporations producing pollutants to obtain special permits to preserve stormwater quality, making it a more comprehensive effort.
Additionally, specific states may have unique rights laws. Some offer hybrid solutions, with a combination of riparian and prior appropriation. Places like California will also have laws addressing its current water circumstances, such as with actions like the Sustainable Groundwater Management Act. It established new relationships with water rights because of depletion.
Implications for Preppers
You need to know how the water on your land impacts you and the community. Laws also increase and decrease access to these sources, potentially creating scarcity if a disaster strikes.
If you’re prepping but do not yet own land, this is the perfect time to consider purchasing property with a water source to which you have legal rights. Ensure there are no state-specific circumstances where these can be removed from you, except when you sell the land.
Do your due diligence in researching the available waterways and talk to your neighbors. The creek may be known for being polluted or containing invasive species. It may not have received enough care to supply your needs amid a disaster. Understand the financial and time investment required to upkeep the water so it’s dependable and clean when you need it most.
Groundwater Access Laws
Water placement matters. This is why guidance like the rule of capture exists, which you can leverage in an emergency. However, like some riparian states have regulated systems, some groundwater sources are also overseen. This may happen in states that experience droughts or minimal groundwater recharge.
Therefore, the region would label some basins as overdrafted, meaning they have been overextracted. Some states even require permits to monitor sustainable usage or have management districts to regulate pumping frequency.
There are also correlative rights, which give people who possess land with an aquifer a share. The rule limits the number of people accessing it, giving it more time to refill after depletion.
Navigating Legal Complexities and Strategies for Securing Water Access
These are the best ways to make informed decisions and maintain peace of mind.
[Editor’s note: Take with a attorney to ensure you’re reading the laws correctly and that there is nothing “hidden” in county or city ordinances, too.]
Get Documentation
Research local water laws and see if you need permits or documentation to use water sources. Feel encouraged to speak with legal experts who know the area and its ordinances well. For example, if you want to drill a well as part of your strategy, you may need several stamps of approval before breaking ground. Otherwise, you could face fines or other legal repercussions.
Network in Your Community
Preparedness demands connecting with your neighbors. Pool together to determine what everyone has access to for establishing backup plans. You need to know where to go if your single water source becomes unavailable. There may also be water-sharing agreements available, depending on the state.
Increase Awareness of Sustainable Water Systems
Create alternative water sources by rainwater harvesting, greywater reuse and other conservation practices. You should also regularly monitor the saturation levels of your property’s water tables and aquifers to notice seasonal patterns and quality changes. Too much extraction can lead to land subsidence, so develop an intuitive relationship with the property and its water.
Water Access Everywhere
This provides a foundation for everything you need to know about what kind of water rights exist in the U.S. that could impact your prepping. If you need to initiate a plan, ensure you read state-specific laws and what rights you have as a landowner. If you don’t have property, detail where to source water in an emergency. As with all disaster preparedness, always expect the worst and hope for the best.
[Note: This was a guest post.]
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