FAQs

1) What is a General Stream Adjudication?
A majority of the western states are involved in general stream adjudications which are complex and lengthy lawsuits are among the largest civil proceedings ever to be litigated in state and federal courts. In Montana, for example, approximately 80,000 persons have filed more than 200,000 water rights claims in the statewide adjudication. Since many western rivers are over-appropriated, the general stream adjudications become a principal forum for the clash of legal rights and values concerning western water. A general stream adjudication may be the means for determining that you have a legal water right in your local watershed.

2) How can I find out whether my state is conducting one or more general stream adjudications?
Arizona, California, Idaho, Montana, Wyoming, and Washington are undertaking comprehensive, basin-wide adjudications of water rights. Utah, Colorado, New Mexico, Oregon, and Oklahoma are presently dealing with water rights on a more piecemeal basis, either because they have finished general adjudications, or because general adjudications are not necessary at this time. North Dakota has not attempted an adjudication, Texas has completed one, and South Dakota and Alaska abandoned their attempts (See state adjudications). In some states - Colorado, Montana and Idaho, for example - there are water courts set up to specifically decide and administer water rights. One sure way to find out if you are affected is to call or write the agency in your state that is in charge of water right allocations.

3) What about tribal or other federal water rights?
In most western states Indian and other federal water rights are being determined in state court. The federal government gave the state statutory authority to conduct these proceedings through the enactment of the McCarran Amendment. The amendment waives the sovereign authority of an Indian tribe and the federal government provided an adjudication is comprehensive, i.e. that it includes all of the water rights on a river system.

4) Why are general stream adjudications important?
First of all, your own water rights may be affected. Second, these court decisions may affect your local community parks, economic development and natural resources.