Water Rights Flashcards
Riparian
Water belong to those who own land bordering water course.
Appropriation
Acquire rights by actual use. Appropriative rights are determined by priority of beneficial use.
An Appropriative right can be lost by abandonment
Natural Flow Theory
Riparian owner’s use resulting in substantial or material diminution of the water’s quantity, quality or velocity is enjoinable
Reasonable Use Theory
All riparians share the right of reasonable use of the water. Look for SUBSTANTIAL INTERFERENCE
Natural vs. Artificial Use
Natural uses prevail over Artificial uses
Ground Water
Percolating water: water beneath the surface of the earth that is not confided to a known channel
Absolute Ownership Doctrine
Owner of overlying land can take all water she wishes for any purpose
Reasonable Use Doctrine
like absolute ownership, but exporting is allowed ONLY IF does not harm other owners who have rights to same aquifer
Correlative Rights
owner of overlying land own the underground water basis as joint tenants, and each allowed to reasonable amount for his own use
Appropriative Rights Doctrine
Priority of use is determinative
Surface Waters
Those of which come from rain, springs or melting snow, and which not have yet reached a natural water course or basin
Common Enemy Theory
Owner can take any protective measures to get rid of the water.
Many courts prohibit UNNECESSARY DAMAGE to other’s land
Natural Flow Theory
owner cannot alter natural drainage pattners.
Reasonable Use Theory (Surface Water)
Balances utility of the use against gravity of the harm
