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Water Right Forfeiture in the West

State Cause of Forfeiture


A period of four consecutive years and failure to beneficially use water for one
New Mexico more year after receiving a letter for the State Engineer recognizing non-use.
Forfeiture does not occur, if non-use is beyond the control of the owner.
Arizona Non-use for 5 consecutive years.
Non-use of 5 consecutive years for appropriative rights. Riparian rights cannot
California
be lost through non-use.
Nevada Rights only lost through voluntary abandonment. No Forfeiture.
Non-use for a 7-year period. A non-use application can protect a Utah water
Utah
right from forfeiture.
Colorado Failure to complete a project, or non-use for a period of ten years.
Wyoming 5 years of consecutive non-use brought forth by a statutory procedure.
Idaho Non-use for 5 consecutive years.
Montana 10 years or greater depending on intent.
Oregon Non-use for 5 consecutive years.
Referred to as relinquishment. Failure to continuously use appropriated water
Washington
for five or more consecutive years unless sufficient cause is shown.

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