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Water Rights in Property Law
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Riparian Rights
Entitle the landowner's reasonable use of water flowing through or adjacent to their property, consistent with others' rights. Based on English common law.
Prior Appropriation
A water rights doctrine that allocates water to those who have historically used the water in a particular area. 'First in time, first in right' principle applies.
Absolute Dominion
A legal doctrine that allows a landowner rights to take for use or sale all the water that can be captured from below the land. Also known as the 'Rule of Capture'.
Reasonable Use Doctrine
Limits water use to what is reasonable relative to the needs of the riparian landowner and considering the rights of other riparian owners.
Correlative Rights Doctrine
A principle where water rights are correlated with land ownership, allowing landowners to use groundwater reasonably and equitably.
Public Trust Doctrine
Mandates that the state hold certain natural resources in trust for public use and enjoyment, such as navigable waterways.
Littoral Rights
Concern the use and enjoyment of shoreline property, particularly relating to landowners' property abutting lakes, oceans, and seas.
Reserved Water Rights
Rights that are set aside by the U.S. government for Native American reservations and other federal lands, irrespective of state water laws.
Overlying Rights
Pertain to California water law, giving landowners the entitlement to reasonable and beneficial use of groundwater located beneath their land.
Beneficial Use
Denotes the use of water that is economically and socially justifiable. It is often a requirement in the allocation of water resources.
Doctrine of Equitable Apportionment
In interstate water disputes, this doctrine promotes fair and reasonable water distribution between states.
Prescriptive Rights
Rights gained by the unauthorized use of water in a manner that is open, notorious, exclusive, and adverse for a specific statutory period.
Federally Reserved Rights
Water rights that are implicitly reserved by the federal government at the time a reservation is created, not subject to state law or control.
Doctrine of Navigability
Holds that the beds and banks of navigable waters are held in trust by the state for the public, often for activities such as navigation, fishing, and commerce.
Groundwater Permits
Licenses issued by governments authorizing the extraction of a specified amount of groundwater.
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