water rights on property for sale

What is the name of your state?What is the name of your state? Arkansas I inherited several hundred acres of land in 1995 from my grandfather. I am looking to sale the land but it has a natural spring on the property that my grandfather used to drink out of. I do not want to give up the spring with the property sale. Is there anyway to keep the water rights to this natural spring? This is a natural spring high in the ozark mountains who's to say that at some point in the future the water couldn't be filtered and sold.

Water rights are very valuable but im not sure Arkansas is ever in drought conditions. In CA and CO water rights are like gold. Plus have you ever heard of Ozarka bottled water company? You might have some thing there if you play it right.........Water rights can be more valuable then the land itself.

A "water right" is a person's right to use water, which is in a watercourse, stream, lake, and sometimes the ground.

Arkansas follows the "reasonable use" theory of water use by riparian--landowners whose property borders a watercourse, stream, or lake. Landowners may beneficially use water as long as they do not cause unreasonable damage to fellow riparians. Household use is given the highest priority, and use of over 1 acre-foot of water per year requires registration through the Commission or your local conservation district.

Groundwater is also subject to the reasonable use doctrine and to some regulation under the Arkansas Groundwater Protection and Management Act, which provides for the establishment of "critical groundwater areas."

For drainage, the "common enemy doctrine" applies, allowing a landowner to prevent damage to property by runoff without causing damage to neighbors.

Based on the legal analysis in Arkansas courts, the ONLY way you would be able to retain any rights at all to the water in an underground stream is to either be granted an easement to the source by the purchaser or by drilling into the stream from offsite.

And no farmer who purchases such land would do so without the water rights accompanying the sale.