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.
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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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
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.
State laws in California and other states continually whittled away at riparian rights. The dominant economic interests in the West were, on balance, better served if those who settled the vast lands in between the West's sparsely located waterways could get water rights rather than if those who happened to take up homesteads or mining claims along the rivers had a monopoly on water.
* Riparian rights are generally correlative with other riparian rights and are not junior to appropriative rights regardless of date of first use.
(74) The petitioners in Dugan held riparian rights to continued water flow from the San Joaquin River for use along the landowner's property, which was downstream from the CVP's Friant Dam.
riparian rights, (260) although the Court unconvincingly refuted that
2.72-79 (treating these natural modes of acquisition just after the discussion of riparian rights); see also J.
Riparian rights were then extinguished under provincial land grants unless confirmed by a court before June 18, 1931 or by the terms of the grant: Public Lands Act, R.S.A 2000, c.
Depending on the region, agricultural water is sourced from rainfall, irrigation districts, groundwater and riparian rights. The primary watersheds are in the northern third of the state whereas 80 percent of the demand is in the lower two-thirds of the state.
The suit's complaint (later amended as greater information became available) cited Joerger's riparian rights to the waters of Hat Creek as one of the mainstays to the legal argument.