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19 Cards in this Set
- Front
- Back
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Water characterized in one of two categories based on its physical location relative to a parcel of real estate: |
- surface water - ground water |
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Surface water |
Consisting of watercourses, Lakes, springs marshes, ponds, sloughs, and any other water flowing over the surface of the earth, caused by rain, snow, Springs opage |
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Ground Water |
Consisting of percolating subterranean bodies of water located in underground basin |
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Riparian rights |
The right to withdraw surface waters |
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Who has the right to withdraw surface waters? |
Riparian landowners |
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Overlying rights |
The right to pump ground water |
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Who has the right to pump ground waters? |
Overlying landowners |
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Legal rights |
To extract and use water are based on priorities |
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Legal rights are classified as: |
• landowner’s rights • appropriative rights • prescriptive rights |
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Landowner’s rights |
consisting of both riparian and overlying rights |
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Appropriative rights |
To withdraw water under license from the state |
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Appropriative rights |
To withdraw water under license from the state |
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Prescriptive rights |
To withdraw water legally entitled to be used by others |
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Alluvium |
boundary of a property that has changed due to the relocation of a river or stream |
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Accession |
the physical addition to property through man-made efforts or by natural forces |
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Accretion (is accession) |
by natural forces only and refers to the gradual accumulation of additional layers of soil |
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Avulsion |
the sudden decrease or increase of the earth on a shore of an ocean or stream resulting from the action of the water, such as occurs during a severe storm |
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Reliction |
Their gradual recession of water, leaving land permanently uncovered |
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Littoral rights |
Refers to the property rights of a property boarding a pond, lake or ocean |
