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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 water law. At common law any rights to water must be claimed based on a claim against the land over which water flows or rests. [3]
Water resources law (in some jurisdictions, shortened to "water law") is the field of law dealing with the ownership, control, and use of water as a resource. It is most closely related to property law , and is distinct from laws governing water quality .
Water right in water law is the ... such as maintaining a body of water and the ... The Commerce Clause of the U.S. Constitution gives Congress the power ...
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 human right to water "generally rests on two justifications: the non-substitutability of drinking water ('essential for life'), and the fact that many other human rights which are explicitly recognized in the UN Conventions are predicated upon an (assumed) availability of water (e.g. the right to food)."
The doctrine has historically excluded ecological purposes, such as maintaining a natural body of water and the wildlife that depends on it, but some jurisdictions now accept such claims. The extent to which private parties may own such rights varies among the states. [7] Each water right has a yearly quantity and an appropriation date.
The Clean Water Act is the primary federal law regulating water pollution in the United States. The language of the Clean Water Act describes itself as pertaining to "Waters of the United States". The act defines these waters as "navigable waterways", which connects the act to constitutional authority to regulate
a body of water, usually seawater, which has characteristics of one or more of the following: bay, cove, estuary, firth, fjord, geo, sea loch, or sound. Kettle (or kettle lake) a shallow, sediment-filled body of water formed by retreating glaciers or draining floodwaters. Kill: a strait, river, or arm of the sea.