Legal Definitions - beneficial use

Beneficial use is a legal principle primarily associated with water rights, particularly in the western United States. It refers to the productive, non-wasteful application of a natural resource, most commonly water, for a legitimate and reasonable purpose. Under this principle, a right to use water is established, measured, and limited by the actual, efficient, and appropriate use of that water. It ensures that public water resources are utilized for valuable purposes rather than being hoarded or wasted.

More broadly, "beneficial use" can also describe the right of an individual to enjoy the practical advantages or desirable qualities of a property, such as access or natural light, even if they do not hold legal ownership (title) of that property.

Here are some examples illustrating beneficial use:

• Example 1: Commercial Aquaculture Operation

  A company plans to establish a large-scale indoor fish farm in a semi-arid region. To operate, they apply for a permit to draw a specific volume of water from a local reservoir. Their application details how the water will be used in a recirculating aquaculture system, minimizing discharge and evaporation, to raise fish for commercial sale. They demonstrate that the amount of water requested is precisely what is needed for the health of the fish and the efficiency of the system, with no intention of drawing more than necessary.

  This illustrates beneficial use because the company is putting the water to a productive economic purpose (food production) in an efficient and non-wasteful manner. The extent of their water right will be based on the reasonable amount of water actually used for this specific, permitted purpose.

• Example 2: Public Park and Recreation

  A county government seeks to develop a new public park that includes a community garden, sports fields, and a small decorative pond. They apply for water rights from a nearby river to irrigate the landscaping, maintain the garden plots, and replenish the pond. Their plans include a drip irrigation system for the garden, drought-resistant landscaping for the sports fields, and a filtration system for the pond to reduce the need for frequent refilling.

  Here, the county's use of water for public recreation, community food production, and aesthetic enjoyment is considered a beneficial use. The water right granted would be limited to the amount necessary to maintain these features using reasonable conservation practices, demonstrating that the use is both valuable and efficient.