XII. Water Rights

Question 1

Rivers & Lakes: Riparian RIghts

Answer 1

• Riparian refers to those whose property borders on a lake or stream.
• A riparian owner may use all the water needed for domestic purposes.
• However, riparian owners are limited to a standard of reasonable use for non-domestic purposes, that is, commercial or industrial uses.
• MAJORITY GA RIPARIAN

Question 2

Rivers & Lakes: Prior Appropriation

Answer 2

• The first person who makes beneficial use of water from a lake or stream has that right protected against those who come later, so long as the use continues.
• Priority in time determines all rights.
• MINORITY

Question 3

Underground Water (percolating water or well water)

Answer 3

• Landowner is entitled to make reasonable use of ground water,
• although the landowner must use it on the property and not export it elsewhere.

Question 4

Surface Water (Runoff or Flood Water): Natural Flow

Answer 4

• In theory, the natural flow approach requires a landowner not to make any changes at all in the flow of the flood water as it rushes across the surface of the land.
• As a practical matter, though, it is almost impossible to follow this approach and still make productive use of the land.
• Therefore, modern courts allow the landowner to take reasonable means to deal with surface waters.
• NO MAJORITY APPROACH although this seems to be GA’s pproach

Question 5

Surface Water (Runoff or Flood Water): Common Enemy

Answer 5

• Landowner can do anything he wants with floodwater— whether reasonable or not.