What defines prescriptive water rights?

Prescriptive water rights are defined as rights that are acquired through the actual diversion and use of water over a period of time. This concept is rooted in the idea that if a user has historically used water in a specific manner and has done so openly and continuously, they may gain legal rights to that water source, irrespective of the land ownership. This often occurs when a user has diverted water from a river or stream for agricultural or other purposes, thereby establishing a claim to that water through their actions.

This situation typically applies when water is taken from a shared source, and such usage has been ongoing long enough that it becomes recognized legally. It contrasts with other types of water rights, such as riparian rights that are tied strictly to land ownership, as prescriptive rights focus on the actual use and diversion of water rather than ownership claims.