Does the “Use It or Lose It” Doctrine Have Teeth? Evidence for Water Right Forfeiture in Washington State from 1967 to 2019

This research highlight presents the first statewide empirical analysis of water right forfeiture under Washington’s prior appropriation doctrine. Using data from the Washington Department of Ecology’s Water Rights Tracking System, the study examines forfeiture frequency and magnitude associated with water right change authorizations between 1967 and 2019. Results show that forfeiture frequency increased substantially after 2000, rising from roughly 10% prior to 2000 to 35% between 2001 and 2019. This shift reflects institutional, statutory, and court-driven changes that made review processes more stringent. While forfeiture frequency increased over time, forfeiture magnitude generally declined. Rates also varied by administrative region and by water right type, with irrigation rights exhibiting higher forfeiture risk and municipal/domestic rights showing greater forfeiture magnitude when reductions occurred. The findings clarify the real-world enforcement of the “use it or lose it” doctrine and provide important context for water market participation, irrigation efficiency changes, and land transactions.

This work was supported by the USDA National Institute of Food and Agriculture, project #1016467.