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Water in Watercourses
Riparian Rights System
What is riparian land?
Land that is:1. Adjacent to a watercourse, and2. In the same watershed (drains
into same watercourse).
Riparian Rights System
Rights of Non-Riparians
None!
Riparian Rights System
Absolute Rights of Riparians
1. Unlimited, if no effect on flow▪ No restriction on use of water
Riparian Rights System
Absolute Rights of Riparians
1. Unlimited, if no effect on flow
2. Domestic use, even if effect on flow
Water in Watercourses
[continued]
Riparian Rights System
Correlative Rights (non-domestic use) of Riparians
1. Natural Flow – common law approach
Riparian Rights System
Correlative Rights of Riparians
1. Natural Flow
2. Reasonable Use – modern approach
Prior Appropriation System
Rights to water obtained by:
1. Prior Use – traditional approach
Prior Appropriation System
Rights to water obtained by:
1. Prior Use
2. Permit from Government – modern approach
Prior Appropriation System
How fit with riparian system?
1. Colorado Doctrine – abolish riparian rights
Prior Appropriation System
How fit with riparian system?
1. Colorado Doctrine
2. California Doctrine – riparian rights coexist with prior appropriation rights
Public Rights in Water
1. Navigable
2. Tidal
Commerce Clause of U.S. Constitution gives federal government servitude over all navigable waterways which is superior to private rights.
Stratton v. Mt. Herman Boy’s School
Mt. Herman Boy’s School – The Chateau
Stratton v. Mt. Herman Boy’s School
1894 Football Team
Changing Size of Riparian Land
Approaches:
1. Source of Title
Changing Size of Riparian Land
Approaches:
1. Source of Title
2. Unity of Title
Coffin v. Left Hand Ditch
Coffin House – now a National Landmark
Coffin v. Left Hand Ditch
Coffin House – now a National Landmark
Coffin v. Left Hand Ditch
Plaintiffbuild dam
Defendanttore down dam
