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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 .
A number of rights may be listed as riparian rights. One court, in McLafferty v. St. Aubiin, 500 N.W.2d 165 (Minn. App. 1993), has listed the following: Riparian rights are generally described as the rights to use and enjoy the profits and advantages of the water. See78 Am.Jur.2d Waters § 263 (1975).
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 ...
For example, under English common law, any rights asserted to "moveable and wandering" water must be based upon rights to the "permanent and immovable" land below. [2] On streams and rivers, these are referred to as riparian rights or littoral rights, which are protected by property law. Legal principles long recognized under riparian ...
The distinction between avulsion and accretion becomes important if a river forms the boundary between two riparian owners. In many jurisdictions, if the river changes channels by avulsion, the boundary does not change but remains in the middle of the old channel.
The prior appropriation doctrine developed in the Western United States from Spanish (and later Mexican) civil law and differs from the riparian water rights that apply in the rest of the United States. The appropriation doctrine originated in Gold-Rush–era California, when miners sought to acquire water for mining operations.
The Everglades Forever Act is a Florida law passed in 1994 designed to restore the Everglades. [1] The law recognized, the “Everglades ecological system is endangered as a result of adverse changes in water quality, and in the quantity, distribution and timing of flows, and, therefore, must be restored and protected.” [2] The law was codified in § 373.4592, Florida Statutes.
Many states, especially in the western United States, claim ownership of groundwater and allocate the resource through an appropriative system just as they would any surface right. Typically water rights are appropriated based on each aquifer's sustainable yield, and once all the rights are granted no further permits will be issued. Some states ...