I'm conflicted: underground water rights versus property rights. need input.Submitted by Duane Vick on Sat, 11/02/2013 - 23:45
I have land in Utah. There is no domestic well exception in that state. I want to install a well for domestic use. It is in a water management area and I can't find water rights.
I am conflicted about a key issue of underground water rights versus my rights as a property owner. I accept the logic of an argument based on the premise of water rights being first come, first served. However, there is also another argument that I own what's below my dirt. If I dig a hole on my land and there is water at the bottom, am I not within my right to consume that water? If someone else truly has a claim to the water in that underground aquifer, is that right forfeited if they fail to keep that water off my land or under it?
I'm not interested in hearing about state laws or federal or county laws, etc. Im interested in a discussion that defends individual rights. As I said, I have some rights as a land owner but I would like to sort out what is a gray area for me.