AGRON 160 Lecture Notes - Lecture 9: Snowmaking, Prior-Appropriation Water Rights
4 Apr 2017
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Document Summary
Statutory: created by a governing body, such as legislature: typical of western water laws, forced to enact regulations early on because of limited resources. Case law (common law): one party (plaintiff) brings suit against another (defendant, court renders a decision based on facts, laws, and precedents. Purpose of water law: promote desirable behavior and discourage undesirable behavior, resolve conflicts in an orderly fashion, define and protect property rights with enough security to encourage development and investment. Water use: off-stream (or withdrawl, in-stream uses. Chapter 8: water allocation law: 2 main doctrines. Based on ownership of land next to riparian areas. Summary: 5 difference between riparian and prior appropriation doctrines. Owner of land next to stream has right to make reasonable use of water in stream because they own land next to stream. Landowners cannot harm or be harmed by unreasonable water use, or must be compensated. Diverted water had to be returned unimpaired.
