Water Rights Only

Front 1

Three issues we deal with in water rights

Back 1

1. The right of landowners to waters that are in watercourses (e.g. streams, rivers etc.) that border on the landowner’s property.

2. The right of landowners to waters underneath their land(groundwater)

3. The rights of landowners to divert harmful surface water away from their land

Front 2

Two different theories on rights of landowners to watercourses

Back 2

1. Riperian doctrine
2. Prior appropriation Doctrine

Front 3

Riperian doctrin

Back 3

A riperian owner is one that owns land adjacent to water- each riperian owner shares an equal interest in water course. Owner is not alowd to diminish other riperian owners interests in the water(i.e. use so much water that lake is empty or smaller)

Front 4

Prior appropriation doctrine

Back 4

State has initial title to water- state then decides how to apporpriate the water rights. Anybody(including non riparian owners) may acquire the right to use the water in the state

Front 5

Ground water

Back 5

two theories
Capture theory- Use as much as he wants

Majority theory- Reasonable use of ground water taken from his land

Front 6

Surface Water

Back 6

landowner has exclusive right to surface water
3 theories on landowners ability to diverge surface water from his land

Reasonable use rule

Common enemy rule

Front 7

Just compensation law

Back 7

5th amendmant right that no private property should be taken without just compensation

Front 8

eminant domain

Back 8

governments right to take private