riparian rights


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Riparian Rights

The right to use running water as it comes on to one's property. Riparian rights include, for example, the right to fish and the right to use the water to power machinery on one's land. Riparian rights come with various duties and responsibilities, such as not to pollute water such that it would affect the rights of property owners downstream and not to prevent the free passage of fish. With certain, limited exceptions, riparian rights are non-transferable. The rights have their origins in English common law.

riparian rights

Rights pertaining to the use of water in, on, near, or flowing over land.The most common rights are the right to a reasonable use of the water,the right to use the shoreline and have access to the water,the right to any land formed by accretion or relication,the right to have the water flow to the land without obstruction, the limited right to build piers in the water, and the right to catch fish, although the land owner does not own the fish. Although the word “riparian” typically applies to rivers and streams but not lakes, the expression “riparian rights”generally means to imply any rights having to do with water,including surface runoff.

References in periodicals archive ?
Riparian rights and the uses to which Louisiana's surface waters have been put have long been a neglected area of Louisiana law.
In addition to the above-mentioned water rights, Aboriginal peoples benefit from riparian rights on reserves (Bartlett, Aboriginal Water Rights at 49-51).
The commission's objectives had led to the 1913 Water Commission Act, a statute that required all new appropriative water rights filings (claims based on beneficial use, the date of diversion, and not necessarily linked to real property ownership) to be listed with California officials to create a centralized registry (pre-existing appropriative claims and riparian rights did not have to be similarly filed).
Under traditional riparian law, only those who owned property bordering a watercourse were entitled to riparian rights.
In the West, riparian rights have been most important in states along the Pacific coast and those straddling the one-hundredth meridian that generally divides the humid east from the arid lands beyond.
As shown previously, Israel has a strong legal case of historical riparian rights concerning its use for some 60-80 years of most of the ground water in the Western Mountain Aquifer (the Yarkon-Taninim) and the North-Eastern Aquifer (Schem- Gilboa) which flow naturally into its territory.
He covers both the eastern and western US systems, with a separate chapter on western state water systems and fees, and topics such as government ownership and riparian rights, boundaries and rules regarding surface water, Native American rights, environmental regulation, nuisance and tort law, and social theory.
Riparian rights are considered to be part of the riparian land.
The site was delivered with riparian rights, boat slips and architectural renderings for an eight-unit development.
This differed from the law in most eastern states, which provided riparian rights to those landowners whose land abutted the watercourse.