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Water Law and Rights
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Correlative Rights Doctrine
The correlative rights doctrine holds that landowners over a common aquifer have co-equal rights to reasonably use the groundwater. It prevents overuse by any individual landowner. Widely applied in California.
Public Trust Doctrine
The public trust doctrine is a principle suggesting that certain resources like navigable waterways are preserved for public use, and the government must protect these resources from private exploitation. It is a common law principle seen in various forms worldwide.
Holistic Management Principle
The holistic management principle advocates for the management of water resources in a comprehensive manner that considers the entire ecosystem as well as the human community that depends on it. This approach is becoming more favored as part of integrated water resource management (IWRM) efforts globally.
Appurtenance Principle
The appurtenance principle asserts that water rights are attached to the land and cannot be separated. When the land is sold, the water rights are transferred to the new owner. This is often combined with riparian rights.
Doctrine of Capture
The doctrine of capture, also known as the 'rule of the biggest pump', allows a landowner to 'capture' any water found on their property, especially groundwater, regardless of the effects on neighboring properties. It's commonly applied in Texas.
Riparian Rights
Riparian rights entitle a landowner whose property is adjacent to a body of water the right to make reasonable use of it as long as it does not harm upstream or downstream neighbors. These are common in countries with plentiful rainfall, like the UK and the eastern United States.
Beneficial Use
Beneficial use is a criterion used in water law that requires that the use of water must be productive and beneficial, such as for irrigation, domestic use, or power generation, to warrant rights. This is a concept used in the prior appropriation doctrine.
Fiduciary Duty of Water Right
The fiduciary duty of water right holders obligates them to use water resources in a manner consistent with the trust the public has extended to them. It means that water use should not be wasteful and must consider the welfare of the community. This is applied in some water districts and by certain water boards.
Prior Appropriation
Prior appropriation is a principle that grants water rights to the first person to take water from a source for 'beneficial use'. It is most common in the arid western United States, where water is scarcer.
Equitable Apportionment
Equitable apportionment is the legal principle that allocates water rights among states or countries that share a water source. It aims to divide water in a fair and equitable manner. This principle is often used in disputes between U.S. states over shared water resources.
Reasonable Use Doctrine
The reasonable use doctrine permits a landowner to use groundwater as long as the use is reasonable relative to the needs of other users and does not cause harm to adjoining landowners. It is applied particularly in the eastern United States.
Reserved Water Rights
Reserved water rights are rights set aside by the government for particular uses, like in national parks, forests, and Native American reservations. These rights take precedence over other claims and are not lost by nonuse. An example includes the Winters Doctrine in the U.S.
Doctrine of Public Waters
Under the doctrine of public waters, the state owns all water bodies that are of feasible public use. The state manages these resources in the interest of the public and may issue rights for use. This is applied in various U.S. states and might include rivers, lakes, and streams.
Absolute Dominion
The absolute dominion rule allows a landowner to extract groundwater on their property without regard for the impact on neighboring wells. This is commonly applied in some of the eastern United States.
No Harm Rule
The no harm rule in international water law states that no water use by any country should cause significant harm to other countries sharing the water resource. It plays a role in transboundary water management and cooperation.
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