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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).
These two systems of water rights were at odds with one another. [2] [3] Appropriative water rights granted the first to claim the water's use complete rights to it. Riparian water rights established that use of the water was an uncontested right that came with the land and did not have to be shared with non-riparian land owners. The case of Lux v.
Water is very scarce in the West and so must be allocated sparingly, based on the productivity of its use. 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 ...
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 ...
The business and occupation tax (often abbreviated as B&O tax or B/O tax) is a type of tax levied by the U.S. states of Washington, West Virginia, and, as of 2010, Ohio, [1] and by municipal governments in West Virginia and Kentucky. [2] It is a type of gross receipts tax because it is levied on gross income, rather than net income.
McIntosh said the state could use federal Clean Water Act money or funding from the American Rescue Plan Act to give to cities and counties for water and other repairs.
Department of Revenue of Kentucky v. Davis, 553 U.S. 328 (2008), is a United States Supreme Court case in which the Court upheld a Kentucky law that provides a preferential tax break to Kentucky residents who invest in bonds issued by the state and its municipalities (municipal bonds).