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Real Property • Natural Rights
PROP#241
Legal Definition
Overlying landowners have correlative rights to use a reasonable amount of the underground water, with each owner's rights being proportional to their land area.
Plain English Explanation
The correlative rights doctrine is like a fair-share rule for groundwater. It says that landowners who have property above an aquifer all have equal rights to use the water, but their right to that water is proportional to the amount of land they own.
In other words, if you own land sitting on top of an underground water source, you can pump and use that water, but so can your neighbors. The amount each landowner can use is correlated to the size of their property. So, if you have a big plot of land, you can take more water than someone with a smaller piece of property—but only as much as is reasonable, considering the needs of others sharing the same water source.
It’s all about balance: no one landowner gets to hog the water, and everyone with land over the aquifer gets a fair share based on how much land they own. This doctrine helps prevent overuse and ensures that groundwater is distributed in a way that takes everyone’s needs into account.
This rule is often used in states where water is a precious and limited resource, ensuring all landowners get their piece of the pie without depleting the shared supply.
In other words, if you own land sitting on top of an underground water source, you can pump and use that water, but so can your neighbors. The amount each landowner can use is correlated to the size of their property. So, if you have a big plot of land, you can take more water than someone with a smaller piece of property—but only as much as is reasonable, considering the needs of others sharing the same water source.
It’s all about balance: no one landowner gets to hog the water, and everyone with land over the aquifer gets a fair share based on how much land they own. This doctrine helps prevent overuse and ensures that groundwater is distributed in a way that takes everyone’s needs into account.
This rule is often used in states where water is a precious and limited resource, ensuring all landowners get their piece of the pie without depleting the shared supply.
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 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 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?
