What are the water rights that allow the property owner next to a flowing stream to use water as long as there is some left for people downstream?
Terms:Watercourse: Show
Riparian: Riparian Doctrine: Prior Appropriation Doctrine: Ground water: Surface Water:
WatercoursesThe first issue that arises is the question of who has the rights to streams and rivers that flow along the sides of peoples’ property.
There are two schools of thought as to who should own the rights to the water that flow alongside properties. All states generally follow one of the following two doctrines. 1. Riparian Doctrine Arlene, Cob, Cindy and Derek own four parcels of property that border the Euphrates River, in the manner set forth in this diagram:Under the riparian doctrine, all four have equal rights to use of the water in the river. Therefore, Arlene and Bob would not be allowed to use the river in a manner that would impact Cindy’s and Derek’s usage of the water. So, Arlene and Bob could not, for example, divert the Euphrates water in a manner that would decrease or stop the flow of water from reaching the properties of Cindy and Derek.An interesting problem arises when part of a riparian property that does not border the water source is sold. For example, in the diagram above, what if Bob sells the eastern most part of his property to Ethel? Would Ethel retain the right to use water from the Euphrates?
Jurisdictions are split on this question. The majority rule is that Ethel’s property would retain its riparian status even though it is now owned by someone who does not own any waterfront property. (Once a riparian property, always a riparian property.) The minority rule is that only the property that actually borders the water source would have the status of a riparian property. 2. Prior Appropriation Doctrine A major difference between this
doctrine and the riparian doctrine is that under the prior use doctrine, a state can sell the water rights to a non-riparian and not have to pay just compensation to the riparian owners (since the state owned the water rights in the first place). Ground WaterGround water is water that is withdrawn from the ground. The most common type of ground water is well water that is pumped from the water table beneath the ground. Note that if there is a flowing underground stream, this
would be considered a watercourse and not ground water. Just as with watercourse water, there is a split among jurisdictions, mostly based on geographical lines, as to how to deal with the ownership of, and rights to, ground water. The majority rule is to allow each property owner “reasonable use” of the ground water beneath his or her property. Essentially, this means that the owner can use the property to whatever extent is reasonably necessary for the use and enjoyment of that
property. Some eastern states allow people to make any use of the water beneath his or her property, even if the usage far exceeds the needs of that property. Again, these jurisdictions are the jurisdictions in which water is plentiful and there is therefore no need to restrict water use. For example:
Surface WatersSurface waters include standing rain water, melted snow, etc. The rule regarding usage of standing water is simple and intuitive. The owner of property on which the standing water sits has complete and exclusive rights to use it. Problems arise when, as is often the case, standing water is harmful to land because it floods crops or otherwise interferes with the owner’s use and enjoyment of the land. The question is, to what extent, if at all, each property owner should be allowed to divert the harmful water, through the use of dams or dikes etc., off of his or her own property and onto the property of another person. Once again, jurisdictions are split in terms of how to handle this problem. Below is a sampling of some of the applicable rules that are applied by various jurisdictions:
What rights does a property have when it is next to a body of water such as a lake pond or ocean?Littoral rights are a landowner's claim to use of the body of water bordering their property, as well as the use of its shore area. Riparian rights are those rights and obligations awarded to landowners whose property is adjacent to or abutting a river or stream.
What are the rights of a person to use water from a particular source whether it is from surface water or groundwater called?Water rights can dictate the use of surface water or groundwater from a specified source. Although it varies by state water laws, surface waters like lakes, streams, and coastal waters are publicly owned, and therefore accessible to the public unless during a drought crisis.
What are riparian and appropriative water rights?California law allows surface water to be diverted at one point and used (appropriated) beneficially at a separate point. This is in contrast to a riparian right, which is based on ownership of the property adjacent to the water.
Who owns the right to water?All states generally follow one of the following two doctrines. The Riparian doctrine, which is most popular in the eastern part of the United States, provides that the rights to water belongs equally to all the owners of lands that border the water source.
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