RIPARIAN WATER RIGHTS

The rights of an owner whose land abuts water. They differ from state to state and often depend on whether the water is a river, lake, or ocean. The doctrine of riparian rights is an old one, having its origins in English common law. Specifically, persons who own land adjacent to a stream have the right to make reasonable use of the stream's natural flow on those lands within the watershed. (The emphasis on natural flow means that riparian rights cannot be claimed for long-term storage of water in a reservoir.) Riparian users of a stream share the streamflow among themselves, and the concept of priority of use (Prior Appropriation Doctrine) is not applicable. Under drought conditions, the users share shortages. Riparian rights cannot be sold or transferred for use on nonriparian land. Riparian rights to the waters of a lake, as opposed to a flowing stream, are often referred to as Littoral Water Rights. Also see Appropriative Water Rights, Prescribed Water Rights, and Reserved Water Rights.