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Terms in this set (154)

Rivers and Lakes

Majority Rule (Riparian- EAST) - refers to those whose property borders a lake or stream (they own, not gov or public). A riparian owner may use all the water needed for domestic purposes. However, limited to a standard of reasonable use for non-domestic purposes (commercial/industrial). Cannot be lost by abandonment

Minority Rule (Prior Appropriation-** TEXASSSS/ WEST)- first person who makes beneficial use of water from lake or stream has that right protected against those who come later so long as use continues. (water belongs to state but right to divert and use it). If decease in water flow then later in time lose rights first. These rights may be severed from land can be lost by abandonment (intent+nonuse)
- TX- A PERMIT REGULATORY SYSTEM EXISTS IN TEXAS WITH PRIOR APPROPRIATION BEING MAIN FACTOR AND PREVIOUS USES BEFORE NEW LAW CAN BE CONTINUED

Underground Water (well)- landowner is entitles to make reasonable use of ground water although landowner must use it on property and not export elsewhere
TX- CAPTURE- LANDOWNER DOESN'T HAVE TO BE REASONABLE. CAN TAKE ALL WATER FROM WELL ON YUR PROP EVEN IF IT TAKES WATER FROM NEIGHBOR'S WELL

Surface Water (runoff)- two competing approaches
(1) natural flow (TEXAS)- requires a landowner to not make any changes at all in flow of floodwater as it rushes across the surface of land. But modern courts allow reasonable means to deal with surface waters
(2) common enemy approach- landowner can do anything he wants with floodwater whether or not reasonable.
*CAN CAPTURE AS MUCH AS YOU WANT