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In United States law, littoral rights are rights concerning properties that abut static water like an ocean, bay, delta, sea or lake, rather than a flowing river or stream . Littoral rights are usually concerned with the use and enjoyment of the shore , [ 1 ] but also may include rights to use the water similar to riparian rights .
For example, under English common law, any rights asserted to "moveable and wandering" water must be based upon rights to the "permanent and immovable" land below. [2] On streams and rivers, these are referred to as riparian rights or littoral rights, which are protected by property law. Legal principles long recognized under riparian ...
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 .
The littoral zone, also called litoral or nearshore, is the part of a sea, lake, or river that is close to the shore. [1] In coastal ecology, the littoral zone includes the intertidal zone extending from the high water mark (which is rarely inundated), to coastal areas that are permanently submerged — known as the foreshore — and the terms are often used interchangeably.
Prior appropriation rights are subject to certain adverse possession-type rules to reduce speculation. [9] Withdrawal rights can be lost or shrunk over time if unused for a certain number of years, or if a litigant can demonstrate that the water's use is not beneficial.
A riparian zone or riparian area is the interface between land and a river or stream. [2] In some regions, the terms riparian woodland, riparian forest, riparian buffer zone, riparian corridor, and riparian strip are used to characterize a riparian zone.
Avulsion can also affect littoral owners through events like hurricanes that can rapidly erode a shoreline. [3] Florida courts have determined that littoral owners have the right to all the land that they had previous to the avulsive event.
Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution.