Water Rights Flashcards Preview

Property > Water Rights > Flashcards

Flashcards in Water Rights Deck (13):
1

Under the riparian doctrine, the water belongs to who?

Those who own the land bordering the water course.

2

Under the riparian doctrine, those who own land bordering water are known as . . .

Riparians

3

Riparians share the right of _______ use of the water.

Reasonable

4

One riparian will be liable if his or her use of the water . . .

Unreasonably interfere with others use.

5

Under the prior application doctrine, the water initially belong to whom?

The state.

6

Under the prior application doctrine, the right to divert and use water can be acquired by _______, regardless of whether or not he happens to be a riparian owner.

Individual

7

Under the prior application doctrine, rights are determined by the priority of ________ ____.

Beneficial use.

8

Under the prior application doctrine, the norm for allocation is . . .

first in time, first in right.

9

Under the prior application doctrine, what is sufficient to create an appropriation right?

Any productive or beneficial use of the water, including use for agriculture.

10

Groundwater/percolating water belongs to who? What restriction?

The surface owner

Surface owner cannot be wasteful

11

Which rule applies to surface waters?

Common enemy rule

12

A landowner may change drainage or make any other changes/improvements on his land to combat the flow of _______ ________.

Surface water.

13

In combating surface water, may one land owner harm another's land?

No.