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Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land along its path. It has its origins in English common law . Riparian water rights exist in many jurisdictions with a common law heritage, such as Canada , Australia , New Zealand , and states in the eastern United States .
The Surface Water Improvement and Management Act of 1987 was a law passed by the Florida Legislature in order to protect surface waters of, which include estuaries, rivers, lakes, and streams. [1] The act created the Surface Water Improvement and Management Program, which seeks to control nonpoint source pollution. [2]
In certain states, the specific rights afforded under the doctrine of littoral rights may be spelled out by statute or case law. In Florida, for example, littoral rights encompass: "(1) the right to have access to the water; (2) the right to reasonably use the water; (3) the right to accretion and reliction; and (4) the right to the ...
A variety of federal, state, and local laws govern water rights. One issue unique to America is the law of water with respect to American Indians. Tribal water rights are a special case because they fall under neither the riparian system nor the appropriation system but are outlined in the Winters v. United States decision. Indian water rights ...
Under riparian law, water rights are subject to the test of "reasonable use". The judiciary has defined "reasonable use" principle as follows: "the true test of the principle and extent of the use is whether it is to the injury of the other proprietors or not."
Navigable servitude is a doctrine in United States constitutional law that gives the federal government the right to regulate navigable waterways as an extension of the Commerce Clause in Article I, Section 8 of the constitution.
Once adjudicated, the maximum amount of the water right is set, but the right can be decreased if the total amount of available water decreases as is likely during a drought. Landowners may sue others for encroaching upon their groundwater rights, and water pumped for use on the overlying land takes preference over water pumped for use off the ...
The English common law system was adopted by California in 1850. [2] [3] With regards to water rights, English common law specifies that landowners have the right to the water that runs through or adjacent to their property for reasonable household purposes as long as their use does not interfere with the rights of other riparian land owners.