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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 .
Many states, especially in the western United States, claim ownership of groundwater and allocate the resource through an appropriative system just as they would any surface right. Typically water rights are appropriated based on each aquifer's sustainable yield, and once all the rights are granted no further permits will be issued. Some 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 ...
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. An owner whose property abuts tidal waters (i.e. oceanfront) owns the land to the mean low water line or 100 rods below mean high water, whichever is less.
The correlative rights doctrine is a legal doctrine limiting the rights of landowners to a common source of groundwater (such as an aquifer) to a reasonable share, typically based on the amount of land owned by each on the surface above.
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
The English common law system was adopted by California in 1850. [2] [3] With regards to water rights, English common law specifies that landowners have the right to the water that runs through or adjacent to their property for reasonable household purposes as long as their use does not interfere with the rights of other riparian land owners.
California and Texas grant waterfront property owners water allocations prior to any other users, in a hybrid system with riparian water rights. [5] [12] In Oregon, landowners have rights to water on their own land at a certain time at which it is then incorporated into the appropriation system. [13] [failed verification]