, (260) although the Court unconvincingly refuted that
Most pre-existing claims were riparian rights
(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.
The Band claimed that it had rights to appropriate water for its reasonable needs, that the riverbed of the Oldman River formed part of the reserve, and that the construction of the dam and reservoir would change the flow and quality of the Oldman River through the reserve and interfere with the Band's water or riparian rights
: Peigan Indian Band v.
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).
Specifically, Part II argues that the appurtenancy requirement within riparian law--restricting riparian rights
to appurtenant owners and restricting usage to appurtenant land-bears distinct similarities to key features of common property regimes.
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.
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.
became defined in terms of economic progress; instrumental use took precedence over customary use or natural flow.
To complement the Western perspective, this edition incorporates recent developments in the law of riparian rights
and regulated riparianism.
The property has riparian rights
on the river Stour and Leat.
as an element of an appropriative right.