Legal Question in Real Estate Law in Utah

Water rights

If you have two people that live along a stream and the one up stream dams it for irrigation purposes; what rights does the one down stream have under common law riparian rules?

Would the guy down stream be entitled to the water beacuse he is "down stram" or because he uses it for household purposes?


Asked on 12/10/98, 11:58 pm

1 Answer from Attorneys
Jeffery Hess Hawkins-Smith

Re: Water rights

The answer depends on the states water laws, that is common law and statutory law. Normally an upstream user cannot take all of the water from a stream. Have your perfected your water rights? If not you must do so. Has the upstream user perfect the water rights being used, is it actually being used for a benificial purpose? Does the dam just back up the water and there is still a strem flow? As you can see this is a complex question and if you want to protect your water, which is and will be a precious commodity in the future, especialy in Utah, so go get a good WATER law attorney. Ask specific questions as to how many water rights cases have they handled and have they perfected water rights.

Good luck.

Jeffery Hess

Hawkins-Smith

3309 Chuckwagon


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Answered on 1/28/99, 9:13 am


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