Skip to content
WaterLeases
Legal & Doctrine

Use It or Lose It, State by State: Water Right Forfeiture Periods, Statutes, and the Programs That Protect You

Every western state can take back a water right that sits unused, but they disagree by a factor of three on how long that takes and by even more on what counts as an excuse. An owner in North Dakota has three years; an owner in Texas has ten; an owner in Colorado never faces a fixed clock at all, only a presumption a court can weigh.

This is the reference table: the period, the statute that sets it, the program that protects a right that is not being used, and the official database where you can confirm what you hold. Every citation was verified against the legislature’s own text or a legal publisher on September 1, 2026; the two cells that rest on an agency summary say so.

Right check~30 sec

Is your water right protected and working for you?

Two questions. We flag the legal exposure, if any, and the paying fix.

How is the right being used today?

Use is what the forfeiture clock measures.

The forfeiture table

"Forfeiture" is loss for non-use alone; "abandonment" additionally requires intent to give the right up. Several states use one word for the other, so the table records what the statute actually does, not what it is called.

Non-use periods and governing statutes, 17 western states (verified September 1, 2026)
StatePeriod of non-useStatuteWhat stops or excuses the clock
Arizona5 successive yearsA.R.S. § 45-141(C)Underground storage for future use, exchanges, and use under a filed conservation plan (§ 45-141(D) to (F))
California5 years, after a Board finding and noticeWater Code § 1241Conservation-driven reductions are deemed beneficial use with no forfeiture (§ 1011)
ColoradoNo fixed forfeiture; 10 years of non-use raises a rebuttable presumption of abandonment (intent required)C.R.S. § 37-92-402(11); § 37-92-103(2)Approved conservation, fallowing, water banking, and CWCB instream programs do not show intent to abandon (§ 37-92-103(2)(b))
Idaho5 yearsIdaho Code § 42-222(2)Water Supply Bank deposits are not subject to forfeiture (§ 42-1764); good-cause extension up to 5 more years (§ 42-222(3)); twelve statutory exceptions (§ 42-223)
Kansas5 successive years without due and sufficient causeK.S.A. 82a-718Water Rights Conservation Program (K.S.A. 82a-741); rights in aquifers closed to new appropriation cannot be deemed abandoned
Montana10 successive years with water available raises a prima facie presumption of abandonmentMCA § 85-2-404Water leasing (§ 85-2-436), temporary changes (§§ 85-2-407, 85-2-408), and conservation set-asides
NebraskaMore than 5 consecutive years (cancellation)Neb. Rev. Stat. § 46-229.02Sufficient-cause list in § 46-229.04: unavailability of water (up to 30 years), storage shortage, and up to 15 years for regulation, climate, husbandry, facility loss, service, or litigation
NevadaGroundwater: 5 successive years. Surface water: not forfeited for non-use; abandonment only, with a 10-year evidentiary presumption against itNRS 534.090 (groundwater); NRS 533.060(2), (4) (surface)Extensions of time for good cause, one year each (three in over-appropriated basins), with no limit on the number
New Mexico4 years of non-use, then reversion if non-use continues one year after State Engineer notice (surface water)NMSA 1978 § 72-5-28 (statute text confirmed via legal publisher)Periods under a State Engineer-approved conservation program are not counted; circumstances beyond the owner’s control
North Dakota3 successive years (cancellation)N.D.C.C. §§ 61-04-23, 61-04-24Unavailability of water, justifiable inability to complete works, other good and sufficient cause; municipal future needs qualify
Oklahoma7 continuous years (stream water)82 O.S. § 105.17(B); cancellation § 105.18Circumstances beyond the claimant’s control where the claimant is ready and willing to use (§ 105.18(C))
Oregon5 successive years (rebuttable presumption)ORS 540.610(1)Instream leases under ORS 537.348 and thirteen other listed causes, including municipal use, economic hardship, CRP, unavailability, and pending transfers (§ 540.610(2))
South Dakota3 years (per DANR summary of SDCL 46-5-37; hearing required before cancellation, 46-5-37.1)SDCL 46-5-37Legal excuse such as lack of water
Texas10 years of non-use (cancellation)Tex. Water Code § 11.172Surface rights deposited in the Texas Water Bank are protected from cancellation for 10 years (31 TAC § 359.8(a)); exceptions in § 11.173 include CRP, regional-plan use, long-term supply needs, conservation plans, and drought
UtahAt least 7 years; a court action must begin within 15Utah Code § 73-1-4Nonuse application (up to 7 years, renewable, time excluded); leases, approved fallowing, aquifer storage, and water banking under Title 73 Chapter 31
Washington5 or more consecutive years without sufficient cause (relinquishment)RCW 90.14.140Trust water rights under chapters 90.38 and 90.42 are exempt; sufficient-cause list includes drought, leases to agencies, federal programs, and pending changes; standby, municipal, and 15-year development rights are exempt
Wyoming5 successive years, intentional or not (statutory abandonment)W.S. § 41-3-401(a)Board of Control extension up to 5 years for storage rights and dam repair; a season with a total absence of water is not counted

Where to look up your right

Each state runs a public water rights database, and it is the system of record for what you hold. Search under every name the land has had, and pull the underlying decree, permit, or certificate rather than stopping at the index screen. These links were checked on September 1, 2026; two are noted where automated access is limited.

Official water rights records searches
StateDatabaseLink
ArizonaADWR Surface Water Queries (blocks automated access; open in a browser)azwater.gov/surface-water-queries
CaliforniaCalWATRS (California Water Accounting, Tracking, and Reporting System)calwatrs.waterboards.ca.gov/portal/s
ColoradoDWR Water Rights Net Amountsdwr.state.co.us/Tools/WaterRights/NetAmounts
IdahoIDWR Water Rights and Adjudication Searchresearch.idwr.idaho.gov/apps/waterrights/wrajsearch/wradjsearch.aspx
KansasWIMAS (Water Information Management and Analysis System)geohydro.kgs.ku.edu/geohydro/wimas/index.cfm
MontanaDNRC Water Rights Query System (WRQS)gis.dnrc.mt.gov/apps/WRQS
NebraskaNeDNR Surface Water Rights Searchnednr.nebraska.gov/dynamic/WaterRights/WaterRights/SurfaceWaterRightsSearchIndex
NevadaNDWR Permit Searchtools.water.nv.gov/PermitSearch.aspx
New MexicoNMWRRS (New Mexico Water Rights Reporting System)nmwrrs.ose.nm.gov/nmwrrs/index
North DakotaDepartment of Water Resources Water Permits Databaseswc.nd.gov/info_edu/map_data_resources/waterpermits
OklahomaOWRB Public Searchowrb.ok.gov/wd/search/public_search.php
OregonOWRD Water Rights Information Query (WRIS)apps.wrd.state.or.us/apps/wr/wrinfo
South DakotaDANR Search for South Dakota Water Rightsdanr.sd.gov/OfficeOfWater/WaterRights/Databases/WaterRights.aspx
TexasTCEQ Water Rights and Water Use Datatceq.texas.gov/permitting/water_rights/wr-permitting/wrwud
UtahDivision of Water Rights Records Searchwaterrights.utah.gov/wrinfo/query.asp
WashingtonEcology Water Rights Tracking System (WRTS)appswr.ecology.wa.gov/waterrighttrackingsystem
WyomingSEO e-Permit (portal; public search inside)seoweb.wyo.gov/e-Permit

Three states that break the pattern

Colorado and Montana do not forfeit; they presume. Ten years of non-use creates a presumption of abandonment that the owner can rebut by showing no intent to give the right up, and both states list programs (conservation, fallowing, banking, leasing) whose use is not evidence of intent. The practical effect is more forgiving than a five-year forfeiture, but a right unused for a decade with no program filing is a hard case to win.

Nevada splits by source. Surface water rights are expressly not lost for non-use under NRS 533.060(2); groundwater rights forfeit after five successive years under NRS 534.090. An owner with both must track them separately.

Texas is the most patient at ten years, and it pairs that with a bank: surface rights deposited in the Texas Water Bank are protected from cancellation for ten years under the TWDB’s rules, which effectively lets an owner reset the clock by depositing.

The programs that stop the clock, ranked by how explicit they are

Not every protection is equally certain. In rough order of statutory clarity:

  • Explicit non-forfeiture by statute: Idaho’s Water Supply Bank (§ 42-1764 says banked rights are not subject to forfeiture and the clock restarts on removal); Washington trust water (exempt under RCW 90.14.140(2)); California conservation (§ 1011: no forfeiture); Texas Water Bank deposits (10-year protection).
  • Listed as sufficient cause or excluded time: Oregon instream leases, Utah nonuse applications and banking, New Mexico approved conservation programs, Kansas’ Water Rights Conservation Program.
  • Listed as not showing intent to abandon: Colorado’s conservation, fallowing, and banking programs; Montana leasing and temporary changes.
  • Discretionary extensions: Nevada (one year at a time, unlimited), Idaho good-cause extensions, Wyoming Board of Control extensions for storage.

What this means for an owner

Find your state in the first table and count back from the last season the right was actually used. If you are inside the period, you have time to lease, bank, or file. If you are past it, you are exposed but usually not yet lost; talk to a water lawyer before anyone else notices.

Then confirm what you hold in the second table before pricing anything. The record is public, the search is free, and the number of owners who discover a right under a grandparent’s name, or discover that a right they assumed was theirs was severed in an old sale, is large enough that we run a records check before every valuation.

How WaterLeases helps

We run the first steps for you: a records check on what you hold and a confidential valuation bracketed against sourced comparables and real demand in your basin. Then you decide, lease, bank, sell, or wait, with the numbers in hand.

Article Sources

WaterLeases requires every market figure to trace to a public primary source: state agencies, published indices, official notices, or named reporting. Read our data and methodology standards.

  1. Arizona Revised Statutes § 45-141 (forfeiture after five successive years; storage, exchange, and conservation exceptions).
  2. California Water Code § 1241 (reversion after five years of non-use).
  3. California Water Code § 1011 (conservation deemed beneficial use; no forfeiture).
  4. Colorado Revised Statutes § 37-92-402 (abandonment presumption after ten years).
  5. Colorado Revised Statutes § 37-92-103 (definition of abandonment; programs not evidencing intent).
  6. Idaho Code § 42-222 (forfeiture after five years; good-cause extension).
  7. Idaho Code § 42-223 (exceptions to forfeiture).
  8. Idaho Code § 42-1764 (banked rights not subject to forfeiture).
  9. Kansas Statutes § 82a-718 (abandonment after five successive years without due and sufficient cause).
  10. Kansas Water Banking Act, K.S.A. 82a-761 et seq.
  11. Montana Code Annotated § 85-2-404 (abandonment presumption after ten successive years).
  12. Nebraska Revised Statutes § 46-229.02 (cancellation after more than five consecutive years).
  13. Nebraska Revised Statutes § 46-229.04 (sufficient cause).
  14. Nevada Revised Statutes chapter 534 (groundwater; § 534.090 forfeiture after five successive years).
  15. Nevada Revised Statutes chapter 533 (surface water; § 533.060 no forfeiture for non-use).
  16. New Mexico Statutes § 72-5-28 (four years of non-use; reversion after notice), via FindLaw.
  17. North Dakota Century Code chapter 61-04 (§§ 61-04-23, 61-04-24: cancellation after three successive years).
  18. Oklahoma Statutes title 82 (§ 105.17(B) forfeiture after seven continuous years; § 105.18 cancellation).
  19. Oregon Revised Statutes § 540.610 (forfeiture after five successive years; exceptions).
  20. South Dakota DANR, Water Rights Program legal summary (three-year non-use rule, SDCL 46-5-37).
  21. Texas Water Code § 11.172 (cancellation after ten years of non-use).
  22. Texas Water Code § 11.173 (exceptions to cancellation).
  23. Texas Water Development Board. Texas Water Bank (deposited rights protected from cancellation for ten years).
  24. Utah Code § 73-1-4 (forfeiture after at least seven years; nonuse applications; banking).
  25. Revised Code of Washington § 90.14.140 (relinquishment after five consecutive years; sufficient cause; exemptions).
  26. Wyoming Statutes title 41 (§ 41-3-401 abandonment after five successive years).

Frequently asked questions

How many years of non-use forfeits a water right?

It depends on the state: 3 years in North Dakota and South Dakota; 4 in New Mexico; 5 in Arizona, California, Idaho, Kansas, Nebraska, Oregon, Washington, Wyoming, and for Nevada groundwater; 7 in Oklahoma (stream water) and Utah; 10 in Texas. Colorado and Montana do not forfeit but presume abandonment after 10 years of non-use, and Nevada surface water is expressly not forfeited for non-use.

How do I stop a water right from being forfeited?

Put it to beneficial use or file it into a program the statute recognizes: Idaho’s Water Supply Bank, Washington trust water, Oregon instream leases, Utah nonuse applications, Kansas and Texas water banks, California conservation credit under Water Code section 1011, or an approved lease. In Colorado and Montana, using conservation, fallowing, banking, or leasing programs is not evidence of intent to abandon.

Where can I look up my water right?

Every western state runs a public water rights database maintained by its water agency, for example Idaho’s Water Rights and Adjudication Search, Colorado’s DWR Net Amounts tool, Utah’s Water Right Records Search, Washington’s Water Rights Tracking System, and Texas’ TCEQ Water Rights and Water Use Data. Search under every name the land has held and pull the underlying decree or permit.

Is Colorado water subject to use it or lose it?

Colorado has no fixed forfeiture period. Under C.R.S. section 37-92-402(11), ten years of non-use raises a rebuttable presumption of abandonment, which requires intent; participation in approved conservation, fallowing, water banking, or CWCB instream programs is not evidence of intent under section 37-92-103(2)(b).

Get your valuation

Find out what your water is worth before anyone else tells you.

Tell us what you hold. We bracket its value against sourced comparables and real demand in your basin, then point you at the strongest path: lease, bank, or sell. Confidential, and yours to act on however you like.

  • A defensible range, anchored to sourced comparables
  • The demand map for your basin: who would pay and why
  • Reply within one business day, confidential throughout
Step 1 / 4~30 sec

What do you hold?

What is your water worth?Free, confidential, no obligation

Get a valuation