Water Rights Flashcards
1
Q
Riparian Doctrine
A
Eastern United States. The water is considered to be owned by the bordering owners who each have the right to draw water that is the reasonable use (cannot take so much that you deny use to others)
All lots of any one owner possess reparion rights (majority). Only the smallest tract has riparian rights (minority)
2
Q
Prior Appropriation
A
Western United States. Water is a public trust and you apply to the government for riparian rights.
Issued with priority in time. So if water availability decreases, the junior appropriators lose out first in reverse order. The earlier you obtained the rights, the later you use them.
