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Real Property âą Natural Rights
PROP#243
Legal Definition
A surface owner may pump the groundwater unless it (1) unreasonably harms neighboring landowners, (2) exceeds the pumper's reasonable share, or (3) directly and substantially affects surface waters and unreasonably harms users.
Plain English Explanation
The restatement approach to groundwater rights is all about making sure everyone plays fair when using underground water. It lets landowners pump groundwater, but there are a few key limits to prevent overuse or harm to others:
(1) Unreasonable harm to neighbors: You can pump water from beneath your land, but not if it causes serious problems for your neighbors. For example, if your pumping lowers the water table and leaves your neighborsâ wells dry, thatâs considered unreasonable harm, and youâll likely have to stop.
(2) Exceeding your reasonable share: Each landowner has a fair share of the groundwater. You canât just pump as much as you wantâyour use has to be reasonable and in line with what others are allowed to take. If you take more than your share, youâre stepping on other peopleâs rights.
(3) Harming surface waters: If your pumping directly affects nearby lakes, rivers, or streams and causes harm to those who rely on surface water, thatâs also a problem. Youâre allowed to pump groundwater, but not at the expense of the surface water systems and those who use them.
(1) Unreasonable harm to neighbors: You can pump water from beneath your land, but not if it causes serious problems for your neighbors. For example, if your pumping lowers the water table and leaves your neighborsâ wells dry, thatâs considered unreasonable harm, and youâll likely have to stop.
(2) Exceeding your reasonable share: Each landowner has a fair share of the groundwater. You canât just pump as much as you wantâyour use has to be reasonable and in line with what others are allowed to take. If you take more than your share, youâre stepping on other peopleâs rights.
(3) Harming surface waters: If your pumping directly affects nearby lakes, rivers, or streams and causes harm to those who rely on surface water, thatâs also a problem. Youâre allowed to pump groundwater, but not at the expense of the surface water systems and those who use them.
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 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?
