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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.
The law has led to the collection of more groundwater data and nearly $1 billion in state funding, and has raised public awareness about how heavy pumping, particularly for agriculture, has ...
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.
If a neighbor's excavation or excessive extraction of underground liquid deposits (crude oil or aquifers) causes subsidence, such as by causing the landowner's land to cave in, the neighbor will be subject to strict liability in a tort action. The neighbor will also be strictly liable for damage to buildings on the landowner's property if the ...
The state saw 4.1 million acre-feet of managed groundwater recharge in the water year ending in September, and an 8.7 million acre-feet increase in groundwater storage, California’s Department ...
Groundwater banking is a water management mechanism designed ... The recharge of water by a member would be a credit in a member's account and a liability in the bank ...