 What is riparian land? Land that is: 1.Adjacent to a watercourse, and 2.In the same watershed (drains into same watercourse).

 Rights of Non-Riparians None!

 Absolute Rights of Riparians 1. Unlimited, if no effect on flow ▪ No restriction on use of water

 Absolute Rights of Riparians 1. Unlimited, if no effect on flow 2. Domestic use, even if effect on flow

 Correlative Rights (non-domestic use) of Riparians 1. Natural Flow – common law approach

 Correlative Rights of Riparians 1. Natural Flow 2. Reasonable Use – modern approach

 Rights to water obtained by: 1. Prior Use – traditional approach

 Rights to water obtained by: 1. Prior Use 2. Permit from Government – modern approach

 How fit with riparian system? 1. Colorado Doctrine – abolish riparian rights

 How fit with riparian system? 1. Colorado Doctrine 2. California Doctrine – riparian rights coexist with prior appropriation rights

1. Navigable 2. Tidal Commerce Clause of U.S. Constitution gives federal government servitude over all navigable waterways which is superior to private rights.

Mt. Herman Boy’s School – The Chateau

1894 Football Team

 Approaches: 1. Source of Title

 Approaches: 1. Source of Title 2. Unity of Title

Coffin House – now a National Landmark

Plaintiff build dam Defendant tore down dam