Legal Definitions - private water

Private water refers to water resources, such as lakes, ponds, streams, or groundwater, that are located entirely within the boundaries of privately owned land. The owner of the property typically has specific rights to use and control this water, subject to certain legal limitations, such as environmental regulations, water rights of neighboring properties, or the rights of downstream users. Unlike public waters, which are generally accessible to the public for navigation, fishing, or recreation, private water is primarily under the control and use of the landowner.

Here are some examples illustrating the concept of private water:

• Example 1: Agricultural Pond

  A farmer owns a large tract of land that includes a natural depression which collects rainwater, forming a small, non-navigable pond. This pond is entirely situated within the farmer's property lines, and the farmer uses its water exclusively for irrigating their crops and providing water for their livestock.

  Explanation: This pond is considered private water because it is wholly contained within the farmer's private land. The farmer has the primary right to control access to it and use its resources for their agricultural operations, subject to any state or local water use regulations.

• Example 2: Residential Well

  A homeowner in a rural area has a private well drilled on their property. This well draws groundwater from beneath their land to supply all the water needs for their household, including drinking, bathing, and gardening.

  Explanation: The groundwater accessed by the well beneath the homeowner's land is considered private water. The homeowner has the right to extract and use this water for their personal needs, although this right is often subject to local permitting requirements for well drilling and regulations concerning sustainable groundwater use.

• Example 3: Private Estate Stream

  A large private estate encompasses a small, non-navigable stream that originates from a spring within the estate's boundaries and flows for several miles before eventually joining a larger river outside the property. The estate owners manage the stream for aesthetic purposes and to support local wildlife, restricting public access to its banks.

  Explanation: For the segment of the stream that is non-navigable and entirely contained within the private estate, it is treated as private water. The estate owners have significant control over its management and can restrict public access, distinguishing it from public waterways where public access rights are typically protected.