Washington Constitution Article XXI - Water and Water Rights
Washington Constitution – Article XXI: Water and Water Rights
Article XXI deals with the important subject of water resources and water rights in the State of Washington.
Overview:
State Ownership of Water
Water within the state — including surface water and groundwater — is declared to be the property of the state. This means the state holds water in trust for its people.
Right to Use Water
Citizens may acquire the right to use water through appropriation, subject to regulation. The state regulates these rights to ensure fair and reasonable allocation.
Water Use Must Be Beneficial
The use of water must be beneficial and for a lawful purpose, such as irrigation, domestic use, industry, municipal supply, or power generation.
Protection of Senior Rights
The constitution acknowledges prior appropriation doctrine principles—those who first acquired rights have priority over later users, especially during shortages.
Regulation and Management
The state has the authority to regulate, control, and supervise water use to protect public interest and prevent waste or unreasonable use.
Public Interest
Water management must balance the needs of private users with protection of the environment and public welfare.
Significance:
Article XXI reflects Washington’s commitment to sustainable management of water resources amid competing demands.
It provides the legal framework for water rights administration, including permitting and adjudication.
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