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Real Property • Natural Rights
PROP#234
Legal Definition
A riparian owner's use is enjoinable if it results in substantial or material decline of the water's quantity, quality, or velocity.
Plain English Explanation
If a riparian owner is abusing the water source to the point where it negatively impacts the natural flow for the other riparian owners of the same source, then they have a right to ask a court to enjoin the abusive owner (i.e., make them stop their abuse).
Hypothetical
Hypo 1: Amy and Bob owns pieces of property that border a river. Amy lives downstream from Bob. Bob decides to start dumping his garbage in the river and erects a dam to power a mill. Result: Amy can ask a court to enjoin Bob's actions, as he is harming the quality of the water with his garbage, and reducing the velocity and quantity of the water with his dam.
Related Concepts
In assessing groundwater rights, what is the absolute ownership doctrine?
In assessing groundwater rights, what is the appropriative rights doctrine?
In assessing groundwater rights, what is the correlative rights doctrine?
In assessing groundwater rights, what is the reasonable use doctrine?
In assessing groundwater rights, what is the restatement approach?
In assessing rights of streams, rivers, and lakes, what is the prior appropriation doctrine?
In assessing rights related to groundwater, what are the 4 doctrines to consider?
In assessing the rights of surface water use, what is the common enemy theory?
In assessing the rights of surface water use, what is the natural flow theory?
In assessing the rights of surface water use, what is the reasonable use theory?
In assessing water rights under the riparian doctrine, what is the reasonable use theory?
In assessing water rights under the riparian doctrine, which type of use prevails?
What are natural rights?
What is lateral support?
What is subjacent support?
What is the general rule for use of surface water on a property owner's land?
What is the riparian doctrine?
