Real Estate Law

Groundwater can either be privately owned or publicly owned. Groundwater owned by the State is usually distributed through an appropriation system. Privately owned groundwater may allow unlimited production or limited production rights based on land ownership or liability rules.

Water beneath the surface can essentially be divided into three zones: 1) the soil water zone, or vadose zone, 2) an intermediate zone, or capillary fringe, and 3) the ground water, or saturated zone.

The depth of the groundwater supply may dictate how, and if, you can drive or drill your well. For good potable water, you will have to go deep enough. Acceptable water will usually require going at least 30 feet down, but better water will usually be even deeper. Never drive or drill a well in a marshy, wet area.

Water rights are a type of interest that may attach to real estate ownership and pertain to the rights to use adjacent bodies of water. Different types of waters rights exist based on various forms of water that border or exist on a property.