One of the first cases involving water rights was Tyler v. Wilkinson in 1827. This was a dispute between 2 mill owners. Could the upstream mill owner impede the flow of water to the downstream mill owner. Thus Riparian water rights came into existence.
Generally speaking the type water rights you own depends on where you live. Those who live in the eastern United States have 'Riparian rights'. Those in the western US have 'Doctrine of Prior Appropriation'. Following is a pie chart showing who holds the most water rights in the U.S.
Generally speaking the type water rights you own depends on where you live. Those who live in the eastern United States have 'Riparian rights'. Those in the western US have 'Doctrine of Prior Appropriation'. Following is a pie chart showing who holds the most water rights in the U.S.
Percent of Water Rights Held
Lets describe what these different type water rights are:
Land-based or Riparian Rights
Riparian rights are based on land ownership, and are protected by property law.
Riparian rights state that only the owner of the banks of the water source have
a right to the 'undiminished, unaltered flow' of the water. Riparian rights are
only transferable when the riparian land ownership title is transferred to a
new owner. Typically riparian rights are not severed from the land.
Doctrine of Prior Appropriation
The use of water in many
of the states in the western U.S. is governed by the doctrine of prior
appropriation, also known as the "Colorado Doctrine" of water law.
The essence of the doctrine of prior appropriation is that, while no one may
own the water in a stream, all persons, corporations, and municipalities have the
right to use the water for beneficial purposes. The allocation of water rests
upon the fundamental maxim "first in time, first in right." The first
person to use water (called a "senior appropriator") acquires the
right (called a "priority") to its future use as against later users
(called "junior appropriators"). In order to assure protection of
senior water right priorities and to maximize the use of this scarce and
valuable resource, many states have adopted detailed schemes for the
determination and administration of water rights. These state regimens define
to a large extent just what a water right is.
However as one might expect most states have adopted a Hybrid System. Many of these states originally operated under the Riparian Rights then later adopted parts of the Prior Appropriation rules
However as one might expect most states have adopted a Hybrid System. Many of these states originally operated under the Riparian Rights then later adopted parts of the Prior Appropriation rules
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