riparian rights

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Related to riparian right: amelioration, easement

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.

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So most states simply replaced riparian rights with prior appropriation.

Indian Reserved Water Rights: The Winters Doctrine in Its Social and Legal Context, 1880s-1930s

68) Riparian rights exist only in situations: 1) where they

The legacy of Schodde V. Twin Falls Land and Water Company: the evolving reasonable appropriation principle

and, at least in some circumstances, protect a riparian right to be free

Defining riparian rights as "property" through takings litigation: is there a property right to environmental quality?

Riparian rights are considered to be part of the riparian land.

The appraisal of water rights: their nature and transferability

Early on, it was thought that California, like other Western states, would eventually address these tensions by abrogating riparian rights and moving to a pure prior appropriation system.

The Tulare case: water rights, the Endangered Species Act, and the Fifth Amendment

Most pre-existing claims were riparian rights associated with

The public trust doctrine, private water allocation, and Mono Lake: the historic saga of National Audubon Society v. Superior Court

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.

A defining resource: Louisiana's place in the emerging water economy

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.

Water rights and water stewardship: what about aboriginal peoples?

In an important point, however (and one that became a basis for PG&E's appeal), Herzinger further ruled that PG&E also could claim Hat Creek riparian rights due to the company's land-lease arrangement (through Mt.

Jesse W. Carter and California water law: guns, dynamite, and farmers, 1918-1939

International treaties among riparian rights countries in an international river basin;

Economic and legal aspects behind energy cooperation

In the past, riparian rights in the American West have followed the principles of "first come, first served" and "use it or lose it": If you don't divert water from a stream for some use, you lose your right to it.

Gone fishin': stream rentals restore trout

And the United Usk Fishermen's Association, which represents landowners and fishermen with riparian rights, says it is 'disappointed and saddened' because the agreement largely avoided conflict of interests, protected fish stocks, and was a clear way of recognising when permission could be sought by canoeists to gain access to, and paddle on, the river.