Water Rights

Question 1

What is the riparian doctrine?

Answer 1

Water belongs to those who own land bordering the water course . These people are known as Riparians, who share the right of reasonable use of the water, pertains to streams, lakes and rivers, and not ground water

Question 2

When is a riparian liable for his use of water?

Answer 2

Unreasonably interferes with others’ use

Question 3

What is 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 the individual regardless of whether or not he is a riparian

Question 4

How are the rights of prior appropriation determined?

Answer 4

Rights are determined by priority of beneficial use The norm for allocation is first in time, first in right, Thus, a person can acquire the right to divert and use water from a watercourse merely by being the first to do so. Any productive or beneficial use of the water, including use for agriculture, is sufficient to create the appropriation right