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21 Cards in this Set
- Front
- Back
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What are the two major systems for determining allocation of water in watercourses?
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The Riparian Doctrine and the Prior Appropriation Doctrine
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Riparian Doctrine Defined
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Water belongs to those owning the land bordering the watercourse. Rights attach to all contiguous tracts held by the same owner, can only use water in connection with your parcel.
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What theories exist under Riparian Doctrine ? (3)
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Natural Flow Theory, Reasonable Use Theory, Natural vs. Artificial Use Theory
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Natural Flow
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A RO's use that results in material dimmunition of the water's quanitity, quality, or velocity, can be enjoined.
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Reasonable Use (Most Common)
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All RO's share reas. use of the water. Cannot enjoin unless you substantially interfere with the use of other RO.
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What do cts look at to determine whether use is Reasonable?
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Cts balance utility against gravity of harm. Look at: alteration of flow, purpose of use, pollution, extent of use, destination of water taken, misc. conduct
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Prior Appropriation Doctrine Defined
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Individuals acquire rghts by actual use. Appropriative rghts are determined by priority of beneficial use. If there is decrease in flow, priority is accorded in terms of appropriation. This right can be abandoned.
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Groundwater (Percolating Water) (Well Water) 4 Doctrines:
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Absolute Ownership, Reasonable Use, Correlative Rights, Appropriative Rights
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Absolute Ownership
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Owner of overlying land can use all she wishes, including for export. Used in the east in 12 states.
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Reasonable Use
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25 states. Like absolute ownership, but exporting only allowed if not harmful to other owners.
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Correlative Rights
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CA!!! Owners of overlying land own the underground water basin as joint tenants and each is allowed a reasonable amt for his own use.
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Appropriative Rights
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Some Western States. Priority of use (not ownership of land) is determinitive)
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Surface Waters Defined
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LO's can use surface water within her boundaries for any purpose desired. Questions usually concern liability for redirecting water.
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What does liability depend on--what theory the state follows (3)
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Natural Flow, Common Enemy, Reasonable Use
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Natural Flow for Surface W.
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25 states. Owners cannot alter natural drainage patterns. This rule has been softened in many places to allow for reasonable changes.
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Common Enemy for Surface W.
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Most other states. An owner can take any protective measure to get rid of water. Rule has been modified in many places to prohibit unnecessary damage to others property.
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Reasonable Use for Surface W.
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Growing trend to apply this. Balance the utility of the use against the gravity of the harm.
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How much surface water may be captured for own use?
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As much as you want!
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Common Enemy for Surface W.
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Most other states. An owner can take any protective measure to get rid of water. Rule has been modified in many places to prohibit unnecessary damage to others property.
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Reasonable Use for Surface W.
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Growing trend to apply this. Balance the utility of the use against the gravity of the harm.
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How much surface water may be captured for own use?
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As much as you want!
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