Riparian water rights.html



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Property law

Part of the common law series

Acquisition

Gift · Adverse possession · Deed Lost, mislaid, and abandoned property Treasure trove Alienation · Bailment · License

Estates in land

Allodial title · Fee simple · Fee tail Life estate · Defeasible estate Future interest · Concurrent estate Leasehold estate · Condominiums

Conveyancing

Bona fide purchaser Torrens title · Strata title Estoppel by deed · Quitclaim deed Mortgage · Equitable conversion Action to quiet title

Future use control

Restraint on alienation Rule against perpetuities Rule in Shelley's Case Doctrine of worthier title

Nonpossessory interest

Easement · Profit Covenant running with the land Equitable servitude

Related topics

Fixtures · Waste · Partition Riparian water rights Lateral and subjacent support Assignment · Nemo dat

Other common law areas

Contract law · Tort law Wills, trusts and estates Criminal law · Evidence

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Riparian water rights (or simply riparian rights) is a system of allocating water among those who possess land about its source. It has its origins in English common law. Riparian rights exist in many countries with a common law heritage, such as Canada, Australia, and states in the eastern United States.

Under the riparian principle, all landowners whose property is adjacent to a body of water have the right to make reasonable use of it. If there is not enough water to satisfy all users, allotments are generally fixed in proportion to frontage on the water source. These rights cannot be sold or transferred other than with the adjoining land, and water cannot be transferred out of the watershed.

Riparian rights include such things as the right to access for swimming, boating and fishing; the right to wharf out to a point of navigability; the right to erect structures such as docks, piers, and boat lifts; the right to use the water for domestic purposes; the right to accretions caused by water level fluctuations. Riparian rights also depend upon "reasonable use" as it relates to other riparian owners to ensure that the rights of one riparian owner are weighed fairly and equitably with the rights of adjacent riparian owners.

In the western United States, water rights are generally allocated under the principle of prior appropriation.

See also

• air rights
• Countryside and Rights of Way Act 2000 (in the UK)
• crown land (see "logging and mineral rights" under Canada)
• easement ("the right of use over the real property of another")
• freedom to roam
• land rights
• prior appropriation water rights
• riparian zone
• drinking water
• water rights
• United States groundwater law
• right to light

External links

This page on the UK Environment Agency website details rights and responsibilities as a riverside owner in the UK.

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