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Under the riparian principle, all landowners whose property is adjacent to a body of water have the right to make reasonable use of it. If there is not enough water to satisfy all users, allotments are generally fixed in proportion to frontage on the water source. These rights cannot be sold or transferred other than with the adjoining land, and water cannot be transferred out of the watershed.
The legal details vary from state to state; however, the general principle is that water rights are unconnected to land ownership, and can be sold or mortgaged like other property. The first person to use a quantity of water from a water source for a beneficial use has the right to continue to use that quantity of water for that purpose. Subsequent users can use the remaining water for their own beneficial purposes provided that they do not impinge on the rights of previous users.
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It is possible for a senior appropriator to change his right without losing his priority date. However, any change is conditional on protecting Junior appropriators' water rights. Those junior appropriators are entitled to a Preservation of Conditions that were present when the junior appropriator was granted his water right. Farmers High Line v. City of Golden (CO 1954).
When a water right is sold, it retains its original appropriation date. Only the amount of water historically consumed can be transferred if a water right is sold.
Ok. So the U.S. has two sets of laws governing water use. And each state in the United States get to choose which types of laws they want. Now for the time being these systems are able to Coexist.
But let say for some reason the U.S. as a nation has to choose one system of water rights or the other.
Which would you rather see be the laws of the land concerning water rights? And why do you think that system is better?
Last edited by baystater; 07-09-2009 at 08:19 PM..
Why does there have to be one federal law concerning water rights?
Soon there will be only one set of laws governing water use. Senate Bill 787 left today, for approval in the senate. This will transfer ALL water rights to the federal government. That's right ALL. From the pond in your backyard, to your water barrell, to the drainage ditch down the road..... the federal government OWNS it ALL.
In practice, it doesn't matter very much whether the water is all appropriated by a federal government or a state government. The central issue is that the play-nice principle is so alien to the core precepts of private property capitalism. Whoever puts his hand into the cookie jar first gets all he wants. The function of government is to regulate or restrict those who can't or won't play nice. As we shall see, capitalism must, in the end, be restrained, because it is simply another of the various imperfect and self-destructive methods of establishing who gets power and wealth. Finally, the king must say "I do".
Soon there will be only one set of laws governing water use. Senate Bill 787 left today, for approval in the senate. This will transfer ALL water rights to the federal government. That's right ALL. From the pond in your backyard, to your water barrell, to the drainage ditch down the road..... the federal government OWNS it ALL.
Yachtcare, the links provided deal with Clean Water legislation, not with riparian or prior appropriation water rights.
I can only assume that you are pro-pollution. Thanks for participating, but please find another thread where you can post your mis-information.
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