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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 .
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 ...
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 ]
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.
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Ripuarian may refer to: . Ripuarian Franks, a subset of Frankish people who lived in the Rhineland; Ripuarian language, a West Central German dialect group; Riparian water rights (or simply riparian rights) a system for allocating water among those who possess land along its path
See78 Am.Jur.2d Waters § 263 (1975). The riparian owner has a right to make such use of the lake over its entire surface, in common with all other abutting owners, provided such use is reasonable and does not unduly interfere with the exercise of similar rights on the part of other abutting owners. Johnson v. Siefert, 100 N.W.2d 689, 697 (1960).
The proper exercise of this power is not an invasion of any private property rights in the stream or the lands underlying it, for the damage sustained does not result from taking property from riparian owners within the meaning of the Fifth Amendment but from the lawful exercise of a power to which the interests of riparian owners have always ...