Water Rights

Question 1

2 major systems for determining the allocation of water in water courses, such as streams, rivers, and lakes

Answer 1

1-the riparian doctrine

2-the prior appropriation doctrine

Question 2

The Riparian Doctrine

Answer 2

• the water belongs to those who own the land bordering the water course
• these people are known as riparians, who share the right of reasonable use of the water
• thus, one riparian will be liable if his or her use unreasonably interferes w/ others’ use

Question 3

The Prior Appropriation Doctrine

Answer 3

-the water belongs initially to the state, but the right to divert it and use it can be acquired by an individual, regardless of whether or not he happens to be a riparian owner

Question 4

Groundwater, also known as percolating water: Water beneath the surface of the earth that is not confined to a known channel

Answer 4

-the surface owner is entitled to make reasonable use of groundwater–however, the use must NOT be wasteful

Question 5

Surface waters: those which come from rain, springs or melting snow, and which have not yet reached a natural watercourse or basin

Answer 5

• the common enemy rule: surface water is considered a nemesis
• a landowner may change drainage or make any other changes/improvements on his land to combat the flow of surface water–many courts have modified the common enemy rule to prohibit unnecessary harm to the others’ land