what is riparian land? land that is: 1.adjacent to a watercourse, and 2.in the same watershed...

Water in Watercourses

Riparian Rights System

What is riparian land?

Land that is:1. Adjacent to a watercourse, and2. 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▪ No restriction on use of water

Riparian Rights System

Absolute Rights of Riparians

1. Unlimited, if no effect on flow

2. Domestic use, even if effect on flow

Water in Watercourses

[continued]

Riparian Rights System

Correlative Rights (non-domestic use) 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

Public Rights in Water

1. Navigable

2. Tidal

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

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

Plaintiffbuild dam

Defendanttore down dam