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Water Rights in Property Law

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Prescriptive Rights

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Rights gained by the unauthorized use of water in a manner that is open, notorious, exclusive, and adverse for a specific statutory period.

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Groundwater Permits

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Licenses issued by governments authorizing the extraction of a specified amount of groundwater.

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Prior Appropriation

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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.

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Beneficial Use

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Denotes the use of water that is economically and socially justifiable. It is often a requirement in the allocation of water resources.

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Riparian Rights

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Entitle the landowner's reasonable use of water flowing through or adjacent to their property, consistent with others' rights. Based on English common law.

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Correlative Rights Doctrine

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A principle where water rights are correlated with land ownership, allowing landowners to use groundwater reasonably and equitably.

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Reserved Water Rights

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Rights that are set aside by the U.S. government for Native American reservations and other federal lands, irrespective of state water laws.

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Overlying Rights

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Pertain to California water law, giving landowners the entitlement to reasonable and beneficial use of groundwater located beneath their land.

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Reasonable Use Doctrine

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Limits water use to what is reasonable relative to the needs of the riparian landowner and considering the rights of other riparian owners.

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Absolute Dominion

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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'.

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Littoral Rights

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Concern the use and enjoyment of shoreline property, particularly relating to landowners' property abutting lakes, oceans, and seas.

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Federally Reserved Rights

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Water rights that are implicitly reserved by the federal government at the time a reservation is created, not subject to state law or control.

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Public Trust Doctrine

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Mandates that the state hold certain natural resources in trust for public use and enjoyment, such as navigable waterways.

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Doctrine of Navigability

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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.

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Doctrine of Equitable Apportionment

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In interstate water disputes, this doctrine promotes fair and reasonable water distribution between states.

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