Riparian Rights

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Riparian Rights

The rights, which belong to landowners through whose property a natural watercourse runs, to the benefit of such stream for all purposes to which it can be applied.

Riparian water, as distinguished from flood water, is the water that is below the highest line of normal flow of the river or stream.


Water Rights.

riparian rights

n. the right of the owner of the land forming the bank of a river or stream to use water from the waterway for use on the land, such as for drinking water or irrigation. State laws vary as to the extent of the rights, but controversy exists as to the extent of riparian rights for diversion of water to sell to others, for industrial purposes, to mine the land under the water for gravel or minerals, or for docks and marinas. Consistent in these questions is that a riparian owner may not act to deny riparian rights to the owner of downstream properties along the waterway, meaning the water may not be dammed and channelled away from its natural course.

References in periodicals archive ?
74) It is important to point out that in most states the concept of riparian rights is not limited to flowing waters but also extends to coastal waters, and natural lakes and ponds.
As discussed below, First Nations in Alberta assert their rights to water in Canadian law under either claims of Aboriginal title, Aboriginal rights, treaty rights or even riparian rights.
Jesse Carter and Louis Joerger applauded the recognition of Joerger's riparian rights and the monetary damages award, but they disliked the acknowledgment of PG&E's riparian rights, particularly because Joerger's predecessors had used the stream's flows long before PG&E began diverting water.
Part III examines case law reflecting this doctrinal shift and concludes that the decline of the appurtenancy requirement was the inevitable result of another key doctrine in riparian law: the reasonable use requirement, under which riparian rights are correlative and are limited only by the rights of other riparian proprietors.
In particular, he argues that the doctrine of riparian rights was still viable and that this fact made it more plausible that a court might depart from prior appropriation.
Thus, based on modern principles of international water law, both the historic riparian rights of Israel as the downstream user and the rights of the Palestinians as the upstream party on a shared international body of water must be considered on the basis of equity and legitimate needs.
Riparian rights became defined in terms of economic progress; instrumental use took precedence over customary use or natural flow.
The knowledge and resources we have in-house to deal with issues involving condominium associations, tidelands and riparian rights is unsurpassed in the industry.
To complement the Western perspective, this edition incorporates recent developments in the law of riparian rights and regulated riparianism.