The Difference between the Riparian Doctrine and the Prior Appropriations Doctrine
Water is a precious resource, and the two major doctrines of water law, the Riparian Doctrine and the Prior Appropriations Doctrine provide different ways to allocate and manage it. These doctrines have evolved over time, and their differences are important to understand. The Riparian Doctrine, which originated in England, holds that property owners whose land abuts a natural waterway hold the right to use the water, provided they do so in a reasonable manner. This doctrine is based on the idea that all riparian owners should share the benefits of the water equally and that water should not be wasted or overused. The Prior Appropriations Doctrine, which originated in the United States, holds that the first person to use the water for a beneficial purpose has the right to the water and that all subsequent users must use the water in a manner that does not interfere with the rights of prior users (Chu, 2016). This doctrine is based on the idea that water is a scarce resource and should be used efficiently and economically. The major distinction between these two doctrines is that the Riparian Doctrine assigns water rights based on land ownership, while the Prior Appropriations Doctrine assigns water rights based on who has used the water first (Chu, 2016). Cont…
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