Water Rights

The definition of water rights refers to the use or right of a user to use water from a water source. (i.e. river, stream, pond or source of groundwater.) In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, specifically areas where irrigation is used, such rights are often the source of conflict. The experienced San Diego water law attorneys at the Watkins Firm can help you resolve conflicts regarding water rights.

Water Easement – What is it?

An easement grants the landowner, a utility company or another entity permission to have access to the land owned by someone else. The easement creates a requirement for the landowner to allow use of the land as described in the easement. Water easement, in particular, refers to the right of a landowner or other entity to have access to water lines, drainage or water sources on property owned by someone else.

Water Easement – How can it be created?

A water easement can be created several different ways, and deeds may include a clause stating the terms of any water easement.

  • Express Grant – Creates a Deed of Grant that describes the easement.
  • Easement of Necessity – An easement granted by a court when the easement is absolutely necessary for the use and enjoyment of the land.
  • Easement by Prescription – This type of easement happens when someone performs an action repeatedly without the landowner’s permission over a number of years. For example: using someone’s stock pond, lake, stream or well.

When you hire a water law attorney in San Diego, it is important to know that there are options. The Watkins Firm has over 23 years of experience representing clients in all areas of water law and would be happy to talk to you about your situation and any concerns. Please call the office for an obligation-free consultation at 858-535-1511 or you may email us at: info@watkinsfirm.com