Water Law Overview

Water Availability and Legal Doctrines

• Eastern States: Plentiful water.
• Western States: Sparse water with variable rain and snow.
• Midwest States: Hybrid doctrines due to intermediate water availability.

Key Legal Doctrines

• Reasonable Use Doctrine (American Rule):
  • Widely adopted across states.
  • Water can be used reasonably without unreasonably interfering with others.
• Creation of Water Law: By statute, case law, and contracts (e.g., transferring water rights).

Types of Water Sources

• Water Courses: Rivers, streams, lakes.
• Groundwater: Non-flowing, subterranean water.
• Surface Water: Water collected on the ground from rain/snow.

Water Courses Legal Doctrines

• Riparian Doctrine:
  • Owners of land along water courses (riparians) have equal rights to use water.
  • Use must be reasonable, not unreasonably interfering with others.
  • Rights are about use, not ownership.
  • Natural use supersedes unnatural use.
• Prior Appropriation Doctrine:
  • Based on seniority and beneficial use (first come, first served).
  • Rights held by anyone, not just those adjacent to water.
  • Owners must continually use their rights.

Groundwater

• Treated similarly to the reasonable use doctrine.
• Property owners can use groundwater reasonably without unreasonably affecting neighbors.

Surface Water Doctrines

• Natural Flow Doctrine:
  • Prohibits diverting natural water flow.
• Common Enemy Doctrine:
  • Allows any action to divert water, treating it as a common enemy.
• Reasonable Use Doctrine:
  • Allows reasonable water diversion, prohibiting unreasonable interference.

Summary Highlights

• Dominant doctrine across water law: Reasonable Use Doctrine.
• Water courses governed by Riparian and Prior Appropriation doctrines.
• Riparian rights are inherent and cannot be lost through non-use.
• Prior appropriation rights require continual use.
• Groundwater primarily governed by reasonable use.
• Surface water governed by natural flow, common enemy, or reasonable use doctrines.