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Water Rights Resources

Water law is complex, nuanced, and can be difficult to understand. We delve into common water law concepts and provide tutorials that describe how it use publicly available tools to learn more about water rights. To this end, below are a series of articles that are designed to help parties develop a general understanding of some of the basic principles of water law. The information provided below is for educational purposes only and if you have specific questions about your water rights, please contact the attorneys at Nazarenus Stack & Wombacher for legal advice. Use of this information is explicitly subject the website disclaimer available here.

Exchanges of Water

An exchange is a mechanism for trading one source of water for another.  It is typically used to move water upstream “administratively,” without needing to pump physical water.  Rights of exchange can be decreed and awarded a priority date just like any other water right, or they can be operated administratively by the State Engineer’s Office and thereby operate without an associated water right or priority date. 

Exchanges are often a necessary part of a plan for augmentation because they assist in staging water at the locations needed to meet replacement requirements.  Below is a simplified diagram showing the operation of an exchange.  Note that while the same amount of water is being taken out of the stream as is being introduced, the stream reach between the point where the water is diverted and the point where it is introduced is dewatered.   As a result, exchanges can typically only operate during times of above-average water flow given that they have a depletive effect on the stream reaches in which they operate.

If you have questions about exchanges or are interested in adjudicating an exchange for your water rights portfolio then please reach out to the experienced attorneys at Nazarenus Stack & Wombacher LLC for guidance.

William Wombacher