Agricultural Water Rights in California: What Farmers Need to Know | SCWS

Understanding water rights is essential for California farmers. Learn about groundwater rights, SGMA regulations, well permits, and protecting your agricultural water access.

📋 In This Guide

Understanding California Groundwater Rights
SGMA and Agricultural Groundwater
Well Permits and Registration
Protecting Your Agricultural Water Access
Frequently Asked Questions

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Understanding California Groundwater Rights

California groundwater law distinguishes overlying rights (landowners above an aquifer have correlative rights to reasonable use) from appropriative rights (taking water for use on non-overlying land). Agricultural use on your own property falls under overlying rights—you share proportional access with other overlying landowners. When supply exceeds demand, everyone can pump reasonable amounts. During shortages, overlying users share proportionally, with appropriators (those with junior rights) cut first. Understanding your rights position is critical for farm planning.

SGMA and Agricultural Groundwater

The Sustainable Groundwater Management Act (2014) requires local agencies to achieve sustainable groundwater management by 2040-2042 in high/medium priority basins. This affects most California agricultural areas. Groundwater sustainability plans may include: mandatory well registration, pumping allocations based on acreage or historical use, fees per acre-foot pumped, fallowing requirements, and restrictions on new wells. Contact your local groundwater sustainability agency (GSA) to understand current and planned regulations affecting your farm.

Well Permits and Registration

Drilling agricultural wells requires county permits—apply before drilling begins. Requirements include: site plan, proposed well depth and casing, and setbacks from septic systems and property lines. Permit fees range $300-$1,500. Many counties now require well completion reports filed with the state within 60 days. In SGMA basins, additional GSA registration may be required. Keep all well documentation—permits, completion reports, water quality tests, and pump records—as evidence of your water rights and historical use.

Protecting Your Agricultural Water Access

Document everything: install flow meters and maintain pumping records, keep water quality tests, photograph equipment and crops, and save utility bills showing pump operation. Participate in your GSA's planning process—agricultural interests need representation when allocations are determined. Consider water efficiency improvements that demonstrate reasonable use. In adjudicated basins, you may be able to purchase additional water rights. Consult a water rights attorney before major farm investments to understand your long-term water security.

Frequently Asked Questions

Do I own the groundwater under my farm?

In California, landowners have correlative rights to reasonable use of groundwater beneath their property—but this isn't absolute ownership. Under SGMA (Sustainable Groundwater Management Act), groundwater sustainability agencies can limit pumping to achieve basin sustainability. Your right to pump may be restricted based on historical use, land acreage, or basin allocations. Adjudicated basins have specific water rights determined by court decree.

Do I need a permit to drill an agricultural well?

Yes, in most California counties. You need a well drilling permit from your county environmental health department before drilling. Permit costs range from $300-$1,500. Some counties have additional requirements in certain areas, including water availability studies or limits on new wells. In SGMA basins, local groundwater sustainability agencies may also require approval or impose conditions on new agricultural wells.

Can my neighbor's pumping affect my water rights?

Yes. California's correlative rights doctrine means all overlying landowners share the groundwater. If your neighbor pumps heavily, it can lower water levels affecting your well. In overdrafted basins, SGMA regulations may require proportional reductions for all users. If a neighbor's pumping substantially impairs your reasonable use, legal remedies exist but litigation is expensive. The best protection is documenting your historical use and engaging with your local groundwater sustainability agency.