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Published byFlorence Carter Modified over 9 years ago
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What is riparian land? Land that is: 1.Adjacent to a watercourse, and 2.In the same watershed (drains into same watercourse).
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Rights of Non-Riparians None!
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Absolute Rights of Riparians 1. Unlimited, if no effect on flow ▪ No restriction on use of water
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Absolute Rights of Riparians 1. Unlimited, if no effect on flow 2. Domestic use, even if effect on flow
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Correlative Rights (non-domestic use) of Riparians 1. Natural Flow – common law approach
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Correlative Rights of Riparians 1. Natural Flow 2. Reasonable Use – modern approach
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Rights to water obtained by: 1. Prior Use – traditional approach
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Rights to water obtained by: 1. Prior Use 2. Permit from Government – modern approach
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How fit with riparian system? 1. Colorado Doctrine – abolish riparian rights
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How fit with riparian system? 1. Colorado Doctrine 2. California Doctrine – riparian rights coexist with prior appropriation rights
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1. Navigable 2. Tidal Commerce Clause of U.S. Constitution gives federal government servitude over all navigable waterways which is superior to private rights.
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Mt. Herman Boy’s School – The Chateau
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1894 Football Team
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Approaches: 1. Source of Title
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Approaches: 1. Source of Title 2. Unity of Title
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Coffin House – now a National Landmark
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Plaintiff build dam Defendant tore down dam
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