The Regulation allows the
usufructuary of real estate units to
46) Once vested, the appropriator would have the ability to perpetually use and consume the same quantity of water each year,(47) and the beneficial uses of that water form the boundaries of the claimant's
usufructuary right.
of taking rarely occurs with water rights given the
usufructuary rather
The Cultural Limitation on Exploitation of
Usufructuary Rights 3.
138) The primary reasons, according to the court, were: (1) because water rights are
usufructuary, any use restriction effectively eviscerates the right; and (2) to a plaintiff, it made little difference whether the restraint followed from a regulatory constraint or from the government physically removing the water; the impact was the same.
A
usufructuary interest in water is distinct from private title to land, in which ownership entails considerably more than a limited right to use a natural resource for certain purposes.
The existence of systems for describing and assigning
usufructuary rights implied these would have the same political valences that they had in Britain.
84) For surface water in defined lakes and streams, landowners hold
usufructuary rights to water; the rights cannot be severed from the land.
Across and within Native nations, multiple forms of ownership and
usufructuary rights existed, and access was determined through a nexus of relationships.
Rites were conducted on specially consecrated land much as monastic ordination is allowed only on land free of
usufructuary rights.
There are also similarities in affiliation to the land between the Sami and other indigenous peoples, for example, the traditional forms of land tenure, the common "ownership" of land, and the
usufructuary rights of the individual or family belonging to the community (Morner, 1979:102-103; Brosted, 1986).
The right of the
usufructuary or owner of some other limited real right, in respect of the economic value of the usufruct or of the right in question.
