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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 .
The United States inherited the British common law system which develops legal principles through judicial decisions made in the context of disputes between parties. . Statutory and constitutional law forms the framework within which these disputes are resolved, to some extent, but decisional law developed through the resolution of specific disputes is the great engine of w
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 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. The appropriation doctrine originated in Gold-Rush–era California, when miners sought to acquire water for mining operations.
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.
The Navy’s ability to build lower-cost warships that can shoot down Houthi rebel missiles in the Red Sea depends in part on a 25-year-old laborer who previously made parts for garbage trucks.
As of 2023, the United States has not ratified the UN Convention on the Law of the Sea . However, the United States points out that a coastal state's right to an extended continental shelf is well established in customary international law, so US rights do not depend on joining UNCLOS or making submissions to the CLCS. [ 51 ]