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Real Property • Natural Rights
PROP#242
Legal Definition
Priority of use is determines ownership, not ownership of overlying land. Many western states follow this rule.
Plain English Explanation
States following the appropriative rights doctrine have more government involvement in figuring out who has which rights to water. This may seem odd, but take a step back and look at it from a practical sense. In eastern states, where water is plentiful, the laws generally favor a landowner's private right to do what they wish (within reason) with the water available to them on their land. But in western states, where water is more limited, the government gets more involved in order to ensure it is appropriately made available to as much of the public as possible.
In other words, water laws have evolved to reflect environmental context.
In other words, water laws have evolved to reflect environmental context.
Related Concepts
In assessing groundwater rights, what is the absolute ownership 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 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?
