225ec8c8_operty_3_Flashcards___Cram_com__rding_system__Brightline_rules
oRiparian doctrine: the water belongs to those who own the land bordering the water course. They are known as riparians, they share the right of reasonable use of the water. One riparian will be liable if their use unreasonably interferes with others use. oPrior Appropriation doctrine: the water belongs initially to the state, but the right to divert it and use it can be acquired by an individual, regardless of whether or not he happens to be a riparian owner. Rights are determined by priority of beneficial use. First in time, first in right. Any productive/beneficial use of the water (including agriculture) is sufficient to create the appropriation right. oGroundwater/percolating water: surface owner is entitled to make reasonable use of ground water, however the use must not be wasteful. oSurface water: (rain, springs, melting snow and have not yet reached a natural watercourse. Common enemy rule: A landowner may change drainage or make any other changes/improvements on his land to combat the flow of surface water. Many courts have modified the rule to prohibit unnecessary harm to others land.
water rights
Real Property 3 Flashcards - Cram.com