By Karie Boone, Center for Sustaining Agriculture and Natural Resources, Washington State University

Washington State 1917 Water Code declaring state waters as a public resource to be used by residents through water right acquisition.
Source: Washington State Legislature.
WSU researchers are examining water markets and barriers to their adoption as a potential strategy to adapt to climate changes. Those implementing water markets must navigate legal and administrative complexities, a big one being the need to treat water resources as both a public resource and a private property. The State of Washington holds water as a natural resource in trust for its residents, the public. Individuals or entities can then use water by securing a water right, or the right to divert a specified amount of water at a particular site and for a defined use (for example, municipal, irrigation, flows for fish, industrial). A water right is authorization to use water in a prescribed manner, not to own the water itself.
These complexities understandably lead to complicated and conflicting views about how water should and should not be transferred through water markets. Indeed, when irrigators in the Okanogan, Methow, Walla Walla and Yakima river basins in Washington State were asked two questions (via the 2021 Water Management Survey) to gauge how they thought about the balance between water rights as private property and water as a public natural resource, responses were split, and in some cases even contradictory. Continue reading