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Water is very scarce in the West and so must be allocated sparingly, based on the productivity of its use. The prior appropriation doctrine developed in the Western United States from Spanish (and later Mexican) civil law and differs from the riparian water rights that apply in the rest of the United States.
Today Oklahoma has a unique set of water rights statues based on groundwater and streamwater. The owner of land owns the groundwater underlying such land and surface water standing on the land, however the Oklahoma Water Resources Board regulates non-domestic use. Stream water is considered to be publicly owned and subject to appropriation by ...
Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land along its path. It has its origins in English common law . Riparian water rights exist in many jurisdictions with a common law heritage, such as Canada , Australia , New Zealand , and states in the eastern United States .
In Oklahoma, streamwater is defined to include “water in ponds, lakes, reservoirs, and playa lakes” [2] (or dry lakes). Streamwater is considered to be publicly owned; the Oklahoma Water Resources board is responsible for appropriation for all areas of the State of Oklahoma except the Grand River basin, where the Grand River Dam Authority (GRDA) has responsibility for allocation on a use ...
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Hawaii uses a form of riparian rights, and Alaska uses appropriation-based rights. In some states Surface water, lakes, rivers, and springs, are treated differently from ground water underground water that is extracted by drilling wells; however, In other states surface and ground water are managed conjunctively. For example, in New Mexico ...
The first is riparian rights, where the owner of the adjacent land has the right to the water in the body next to it. The other major model is the prior appropriations model, the first party to make use of a water supply has the first rights to it, regardless of whether the property is near the water source. [6]
These two systems of water rights were at odds with one another. [2] [3] Appropriative water rights granted the first to claim the water's use complete rights to it. Riparian water rights established that use of the water was an uncontested right that came with the land and did not have to be shared with non-riparian land owners. The case of Lux v.