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Real Property • Natural Rights
PROP#244
Legal Definition
Generally, a landowner can use surface water within the boundaries of their property for any purpose.
Plain English Explanation
The general rule for surface water is pretty simple: if you own the land, you can use the water on it however you like. Whether it’s water from a pond, lake, or rainwater that collects on your property, as long as the water stays within your property boundaries, you’re free to use it for any purpose—whether that’s irrigation, building a swimming pool, or simply enjoying the view.
However, this freedom comes with the expectation that your use of the surface water shouldn’t harm your neighbors or their property. So, while you can generally do what you want with water on your land, it’s still important to be mindful of how your actions might affect others nearby.
That being said, in other cards, you will learn about some other specific scenarios where this general rule does not apply.
However, this freedom comes with the expectation that your use of the surface water shouldn’t harm your neighbors or their property. So, while you can generally do what you want with water on your land, it’s still important to be mindful of how your actions might affect others nearby.
That being said, in other cards, you will learn about some other specific scenarios where this general rule does not apply.
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 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 riparian doctrine?
