Misc. Rights

Question 1

Water Rights are determined by two main doctrines:

Answer 1

1) The Riparian Doctrine

2) The Prior Appropriation Doctrine

Question 2

The Riparian Doctrine holds that

Answer 2

the water belongs to those who own the land bordering the water course. These owners are known as Riparians, and share the right of REASONABLE use of the water.

Question 3

The Prior Appropriation Doctrine holds that

Answer 3

Water initially belongs to the state, but the right to divert/use it can be acquired by an individual, regardless of not being a riparian owner (meaning they may get rights even if they are not directly on the water)

Question 4

Groundwater may be used by the surface owner so long as

Answer 4

the use is reasonable and not wasteful.

Question 5

Surface Water is governed by the common enemy rule, which holds:

Answer 5

surface water is a nemesis, an evil to be eradicated.

Question 6

Possessor’s Rights:

Answer 6

The possesor of land has the right to be free from 1) Trespass and 2) Nuisance

Question 7

Trespass is

Answer 7

Invasion of land by tangible physical objects. Removal accomplished by ejectment action.

Question 8

Private Nuisance is

Answer 8

substantial and unreasonable interference with another’s use and enjoyment of land.

Question 9

The difference between Trespass and Nuisance:

Answer 9

Unlike trespass, nuisance does NOT require tangible physical invasion. Thus, nuisance covers odors, noise, etc.

Question 10

Eminent Domain is

Answer 10

the Government’s 5th Amendment power to take private property for public use in exchange for just compensation.