Riparian Rights

Question 1

Surface water

Answer 1

Water that squanders itself (rainwater, snowmelt). No obligation to accept flow (can barricade oneself against floods)

Question 2

Watercourse

Answer 2

Defined channel. Subject to riparian rights (under CL)

Question 3

Percolating water

Answer 3

Underground water that trickles/oozes (no defined channel)

Question 4

Riparian land

Answer 4

land at the border of land and water

Question 5

Riparian rights

Answer 5

Mostly gone under the Water Act. Natural right that comes with the land. Includes support/accretion

Question 6

RR - Ordinary use

Answer 6

take water for an quantity for domestic/stockwatering purpose, even if you exhaust water

Question 7

RR - Extraordinary use

Answer 7

Can take reasonable amounts for industrial purposes (no exhausting the water)

Question 8

RR - flow

Answer 8

If you are downstream, entitled to a flow not substantially altered

Question 9

Access

Answer 9

right both to and from water

Question 10

Water Act

Answer 10

stream water goes to the government. they give out licenses. if no license, can use unrecorded water for domestic purposes

Question 11

WA - domestic purposes

Answer 11

household use, sanitation, fire prevention, domestic animals, small gardens

Question 12

WA - groundwater

Answer 12

water below surface. For WA to apply, must be an order made by the LGiC

Question 13

WA - stream

Answer 13

natural watercourse including underground, lake, river…

Question 14

WA - title

Answer 14

vested in the government except if a license given

Question 15

WA - prescription

Answer 15

no rights to divert or use given through prescription

Question 16

WA - divert

Answer 16

not an offence to divert unrecorded water for domestic purposes, but no right to do so (sword not shield)

Question 17

WA - license to divert

Answer 17

granted for the specific location and amount. can’t go further

Question 18

WA - offence

Answer 18

can’t interfere with water that someone has a license to

Question 19

WA - fire

Answer 19

can divert water to extinguish a fire

Question 20

Johnson v Anderson

Answer 20

D’s divert water (no license to divert). P’s using water for domestic purposes. No license. D’s liable, because RR still exist to protect against unlawful diversion (but if someone has a license, tough luck)

Question 21

Schillinger v Williamson

Answer 21

P downstream, had license for water, but was diverting from a different area than he was licensed to do. D put silt in water upstream. P claims nuisance. Fails - nuisance is a balance of interest. P was acting illegally. No RR to divert water, no RR to extraordinary use.

Question 22

Steadman v Erickson

Answer 22

P using water for domestic purposes. D contaminated water. Is this a nuisance due to RR? No, RR are gone. But he can claim nuisance under the WA (he was acting lawfully)

Question 23

Summary

Answer 23

2 conflicting opinions (RR gone or not? - Johnson says no, S/S say yes.). Regardless of RR, can still sue for nuisance if using water lawfully