Water rights

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Avulsion

A sudden removal of soil by an act of nature. Examples: earthquake , mudslide. Owner loses land quickly.

Riparian rights: water rights

Common-law rights granted to owners of land along the course of a river, stream, or similar flowing body of water. Owner has unrestricted right to use the water but can't interrupt or alter the flow of the water or contaminate it.

Littoral rights: water rights

Common-law rights granted to owners of land borders commercially navigable lakes, seas, and oceans. They have unrestricted use of available waters but own the land adjacent to the water only up to the average high water mark. All land below owned by government.

Erosion

Gradual and sometimes imperceptible wearing away of the land by natural forces, such as wind, rain, and flowing water. Owner loses land thru erosion.

Water rights : common-law (historical) or statutory rights

Held by owners of land adjacent to rivers, lakes, or oceans. In most states rights are appurtenances to (run with) the land and can't be retained when the property is sold.

Doctrine of Prior Appropriation

In states where water is scarce, ownership and use of water are determined by this doctrine. It states the right to use any water, with the exception of limited domestic use, is controlled by the state rather than landowner adjacent to water. To secure water rights in prior appropriation states, a landowner must demonstrate to a state agency that the owners plans are of beneficial use. Example: crop irrigation

Accretion

Increases in the land resulting from the deposit of soil by the waters action. An owner is entitled to all land created thru accretion.


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