Water rights: a quick overview

Water resources are critical to any farming enterprise and never more so than during drought years that we see regularly in Australia. While rain may have been overly plentiful in many places recently, it is still important to ensure that in any rural transaction that the water rights are considered.

Water resources are managed in Queensland under the Water Act 2000 ("the Act") which regulates water rights and entitlements. The Act provides for each region of Queensland and there are Resource Operation Plans that set out the rules for water dealings in particular areas.

Water rights include:

1. water licence: permits the use of water on a particular parcel of land including from a spring, watercourse, overland flow or underground water. A licence cannot be sold separately, as it attaches to the land and transfers with the land. In some areas, a bore can be used for stock and domestic use without a licence, but other areas require a licence for such use. If you