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The Rule of Capture is a non-liability tort law that provides each landowner the ability to capture as much groundwater as they can put to a beneficial use, but they are not guaranteed any set amount of water. As a result, well-owners are not liable to other landowners for damaging their wells or taking water from beneath their land.
The rule of capture or law of capture, part of English common law [1] and adopted by a number of U.S. states, establishes a rule of non-liability for captured natural resources including groundwater, oil, gas, and game animals. The general rule is that the first person to "capture" such a resource owns that resource.
The Comprehensive Environmental Response, Compensation, and Liability Act, also known as Superfund was enacted in 1980 to clean up sites where toxic or hazardous substances have been dumped into the environment. The law can be retroactively implemented, and all potentially polluting parties can be held responsible for the costs.
In that process, a court defines the legal rights each agricultural, residential or municipal entity has to groundwater in the area. California Courts have adjudicated approximately 30 groundwater ...
A decade after signing of California groundwater law, major challenges remain. Ian James. September 17, 2024 at 6:00 AM. Water flows from a well to irrigate an orchard in Visalia in 2021.
The laws listed below meet the following criteria: (1) they were passed by the United States Congress, and (2) pertain to (a) the regulation of the interaction of humans and the natural environment, or (b) the conservation and/or management of natural or historic resources.
Despite California groundwater law, aquifers keep dropping in a 'race to the bottom' December 16, 2021 at 8:00 AM Construction on a 1,300-foot-deep well is underway in the Central Valley town of ...
The correlative rights doctrine is a legal doctrine limiting the rights of landowners to a common source of groundwater (such as an aquifer) to a reasonable share, typically based on the amount of land owned by each on the surface above.