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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.
(b) the withdrawal of ground water exceeds the proprietor's reasonable share of the annual supply or total store of ground water, or (c) the withdrawal of the ground water has a direct and substantial effect upon a watercourse or lake and unreasonably causes harm to a person entitled to the use of its water. [4]
Environmental cleanup laws govern the removal of pollution or contaminants from environmental media such as soil, sediment, surface water, or ground water.Unlike pollution control laws, cleanup laws are designed to respond after-the-fact to environmental contamination, and consequently must often define not only the necessary response actions, but also the parties who may be responsible for ...
The law, AB 779, will require state courts to consider water use by small farmers and disadvantaged communities when settling those disputes, which historically skew in favor of larger ...
Those laws and related rules outline Ohio EPA's authority and what things the Agency can consider when making decisions about regulated activities. Ohio EPA was created on Oct. 23, 1972. It combined environmental programs that previously had been scattered throughout several state departments.
Property owners can do several things to reduce danger and limit their liability, the bulletin states, including: Routinely inspecting ponds for possibly dangerous conditions.
The Ohio Revised Code (ORC) contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. [1] However, the only official publication of the enactments of the General Assembly is the Laws of Ohio; the Ohio Revised Code is only a reference. [2]