§ 1231 Interstate Water Rights Recognition

This law says that if you take water from a river that crosses state lines, and both states agree, your water rights are protected in both states. But it doesn’t apply to lakes or certain rivers like the Truckee and Walker Rivers, which have special rules.

Key Takeaways

•Water rights from rivers crossing state lines are protected if both states agree.
•This doesn’t apply to lakes or certain rivers like the Truckee and Walker Rivers.
•Special rules apply to the Truckee and Walker Rivers.

Example

A farmer in Nevada wants to use water from a river that starts in California.

If both states agree, the farmer can use the water just like someone in California could. But if the river is the Truckee or Walker River, there are extra rules to follow.

(a) A right of appropriation from a stream that flows across the state boundary that has the point of diversion and the place of use in another state and is recognized by the laws of that state shall have the same force and effect as if the point of diversion and the place of use were in this State if the laws of that state give like force and effect to similar rights acquired in this State. (b) Subdivision (a) does not apply to interstate lakes, or streams flowing in or out of those lakes. Subdivision (a) applies where an appropriation or change in point of diversion, place of use, or purpose of use is proposed or made under either of the following: (1) A right to the use of waters from the Truckee River if the appropriation or change is made pursuant to the operating agreement described in Section 205(a) of Public Law 101-618. (2) A right to the use of waters from the Walker River and its tributaries if the appropriation or change is not inconsistent with the decree entered in United States v. Walker River Irrigation District, et. al. United States District Court for the District of Nevada Equity No. C-125, filed April 15, 1936, including any amendments to that decree entered before or after January 1, 2015. (Amended by Stats. 2014, Ch. 274, Sec. 4. (AB 2759) Effective January 1, 2015.)

Key Takeaways

•Water rights from rivers crossing state lines are protected if both states agree.
•This doesn’t apply to lakes or certain rivers like the Truckee and Walker Rivers.
•Special rules apply to the Truckee and Walker Rivers.

Example

A farmer in Nevada wants to use water from a river that starts in California.

If both states agree, the farmer can use the water just like someone in California could. But if the river is the Truckee or Walker River, there are extra rules to follow.

Key Takeaways

Example

Key Terms

References

§ 1231 Interstate Water Rights Recognition

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References