REE 4433 Chapter 3 Quiz
In the West, states require that a person seeking to obtain unappropriated water A. obtain a permit. B. prove beneficial use. C. file conservation plans. D. share profits with adjoining landowners.
A
Mineral rights laws in the United States A. allow one or more subsurface estates to be separately carved out of a single tract. B. are not very important because of technological advancements. C. allow the conveyance of mineral rights only through sale and purchase. D. restrict the ownership of subsurface rights to the owner of the surface.
A
Navigable waters A. Ordinarily connect with interstate waterways B. Are under the jurisdiction of the states C. Have navigable capacity but are not necessarily navigable D. Are fair game for dumping wastes
A
On a landing pattern to a major airport, Alpha Airlines regularly flies over the campus of a private university. In an action for trespass against the airline by the university, a court would probably A. rule in favor of the airline because the public interest in transportation outweighs the slight disturbance to the campus. B. rule in favor of the airline because the university has no interest whatsoever in the airspace above its campus. C. claim it has no control in the case because only the legislature can resolve this dispute. D. rule in favor of the university because it has exclusive rights to the airspace above its campus.
A
The practice of extending the rights of all landowners to share in a common source of oil and gas is known as the doctrine of A. correlative rights. B. natural flow. C. ownership. D. reasonable use.
A
The right to explore a property for the presence of minerals is provided in a A. mineral rights option. B. mineral reservation. C. mineral lease. D. mineral deed.
A
Under the doctrine of prior appropriation, a superior right to a body of water is created in the person who A. is first to use the water for economic purposes. B. owns land bordering the water. C. will use the water for the most beneficial purpose. D. holds rights through the oldest title abutting the water.
A
The nonownership theory of oil and gas borrows from rules that the court had applied to A. wild animals and migratory birds. B. subterranean water. C. fructus naturales. D. minerals.
A.
Most jurisdictions following the reasonable use doctrine have established a hierarchy of water use, placing the highest priority on A. industrial use. B. domestic use. C. commercial use. D. agricultural use.
B
According to the text, the approach of most states on nuisance complaints is to A. grant an injunction before requiring proof. B. disregard cases involving large industrials. C. balance the equities between the parties. D. vigorously oppose parties accused of noise pollution.
C
Fracking A. Is prohibited in most jurisdictions B. Is the process of finding underground streams C. Has been instrumental in increasing the U.S.'s sources for natural gases D. Discourages foreign investment in U.S. gas and oil plants
C
The riparian rights doctrine A. creates a superior right in the person who initially uses a body of water for economic purposes. B. gives title in the water to the riparian owner. C. is the basis for water rights law in most states east of the Mississippi. D. is the basis for water rights law in most states west of the Mississippi.
C
The statement that "the owner of the surface has a right to appropriate all oil and gas from wells on his or her land, including oil and gas that has migrated from land of another" describes A. the ownership theory of oil and gas ownership. B. the nonownership theory of oil and gas ownership. C. the rule of capture regarding oil and gas. D. the reasonable use theory of oil and gas ownership.
C
Water passing through the ground not flowing in a clearly defined stream is called A. littoral water. B. an underground stream. C. percolating water. D. riparian water.
C
A wrongful physical invasion of the land of another is a A. statutorily permitted use. B. licensed use. C. prior appropriation. D. trespass.
D
