Water in Watercourses

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

Riparian Rights System Rights of Non-Riparians None!

Riparian Rights System Absolute Rights of Riparians 1. Unlimited, if no effect on flow

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

Riparian Rights System Correlative Rights of Riparians 1. Natural Flow – common law approach

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

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

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

Prior Appropriation System How fit with riparian system? 1. Colorado Doctrine – abolish riparian rights

Prior Appropriation System How fit with riparian system? 1. Colorado Doctrine 2. California Doctrine – riparian rights coexist with prior appropriation rights (Texas follows this approach.)

Public Rights in Water 1. Navigable 2. Tidal

Evans v. Merriweather Similar type of steam mill

Stratton v. Mt. Herman Boy’s School Mt. Herman Boy’s School – The Chateau

Stratton v. Mt. Herman Boy’s School 1894 Football Team

Changing Size of Riparian Land Approaches: 1. Source of Title

Changing Size of Riparian Land Approaches: 1. Source of Title 2. Unity of Title

Coffin v. Left Hand Ditch Coffin House – now a National Landmark

Coffin v. Left Hand Ditch Coffin House – now a National Landmark

Coffin v. Left Hand Ditch