Background:
Water rights provide
an organized and systematic manner for allocating water. A water right
allows a person, business, community, or other group to use a specified
amount of water. People receive only the right to use the water, they
do not own the water.
The history of
water rights is related closely to settlement and land ownership. Settlers
in the east adapted a water rights policy similar to what was in England.
The Common-Law Doctrine or Riparian Rights gives people who own
land bordering a water source the right to use that water however they
choose. A more recent version of the doctrine requires people to justify
their uses as reasonable. They must also ensure that landowners down
stream have their fair share of water.
The scarcity of
water in the western states generated different policies. These evolved
from the customs and practices of miners in the mid-1800's and were
developed for protecting claims to land and minerals. In many parts
of the west, the Prior Appropriation Doctrine regulates water rights.
This doctrine maintains "first come, first served" - whoever uses the
water first has the prior or first right to the supply of available
water. If all the water in a stream is allocated, no new users are allowed.
In the last 20 years,
many changes have added new dimensions to water rights and water allocation
programs. Irrigation systems to grow crops and support livestock have
developed. Cities need water for residents, businesses, and industries.
Water for recreation and fish and wildlife is receiving more attention.
Many communities depend on water resources for energy production. The
challenge of meeting today's growing demand for water will involve non-traditional
allocation strategies. Several methods, such as water rights transfers,
water rights changes, water marketing, and water leasing, have evolved
to satisfy twenty-first century needs.
Procedure:
Part I
Fun Facts:
It all started with
the Latin rivus, or "stream" and rivalis, which
"pertains to streams and rivers." When neighbors on the banks
of a river wanted to build a dam, set up a fish hatchery, or go fishing,
they would almost always end up fighting over whose land or water was
whose and who had what right to do what! It was then that these combative
river people became rivals! The Latin word for "bank of
a river" or "shore" is ripa, and the adjective
riparius, "pertaining to the bank of a river..." English
took this word and created riparian.
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