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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 .
A variety of federal, state, and local laws govern water rights. One issue unique to America is the law of water with respect to American Indians. Tribal water rights are a special case because they fall under neither the riparian system nor the appropriation system but are outlined in the Winters v. United States decision. Indian water rights ...
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. The appropriation doctrine ...
A second example of community-based water rights is pueblo water rights. As recognized by California, pueblo water rights are grants to individual settlements (i.e. pueblos) over all streams and rivers flowing through the city and to all groundwater aquifers underlying that particular city. The pueblo's claim expands with the needs of the city ...
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.
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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]
Correlative groundwater rights represent a limited private ownership right similar to riparian rights in a surface stream. The amount of groundwater right is based on the size of the surface area where each landowner gets a corresponding amount of the available water.