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Real Property • Natural Rights
PROP#240
Legal Definition
An owner of overlying land can take groundwater for reasonable use for almost any purpose—exporting is only allowed if it does not harm anyone else who has rights to the same aquifer. Most eastern states follow this rule.
Plain English Explanation
The reasonable use doctrine gives landowners the right to use groundwater beneath their property, but only in ways that are considered reasonable and won’t harm others who also have rights to the same water source.
In other words, if you own land sitting above an aquifer, you can pump and use that groundwater for almost any purpose, like drinking, farming, or industrial use, as long as you’re not being excessive or wasteful. The key here is that your use must be reasonable—meaning it shouldn’t negatively affect other landowners who also rely on the same aquifer.
One important limitation is exporting groundwater. You can take water and use it on your own property, but if you plan to pump it out and sell or transport it elsewhere, you can only do that if it won’t harm other people who have rights to the same water supply.
Most eastern states follow this reasonable use doctrine, ensuring everyone shares the groundwater fairly without one landowner draining it to the detriment of others.
In other words, if you own land sitting above an aquifer, you can pump and use that groundwater for almost any purpose, like drinking, farming, or industrial use, as long as you’re not being excessive or wasteful. The key here is that your use must be reasonable—meaning it shouldn’t negatively affect other landowners who also rely on the same aquifer.
One important limitation is exporting groundwater. You can take water and use it on your own property, but if you plan to pump it out and sell or transport it elsewhere, you can only do that if it won’t harm other people who have rights to the same water supply.
Most eastern states follow this reasonable use doctrine, ensuring everyone shares the groundwater fairly without one landowner draining it to the detriment of others.
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 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 natural flow 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?
